Mandatory Section 129 timelines restrict detention penalty powers, preventing delayed orders despite underlying e-way bill contraventions.
Section 129(3) requires a penalty notice within seven days of detention or seizure and a penalty order within seven days from service of notice. These sequential periods are mandatory restraints on coercive detention and penalty powers, not procedural formalities. A timely notice cannot cure a delayed order, and release against security, lack of prejudice, administrative circumstances, or a taxpayer's request for time do not extend limitation. An underlying e-way bill contravention may justify proceedings, but cannot validate a penalty order made after the statutory period. (AI Summary)
Section 129(3) requires a penalty notice within seven days of detention or seizure and a penalty order within seven days from service of notice. These sequential periods are mandatory restraints on coercive detention and penalty powers, not procedural formalities. A timely notice cannot cure a delayed order, and release against security, lack of prejudice, administrative circumstances, or a taxpayer's request for time do not extend limitation. An underlying e-way bill contravention may justify proceedings, but cannot validate a penalty order made after the statutory period. (AI Summary)
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