section129(1)(b) of Rajasthan GST ACT

[KANHAIYA AGRAWAL]

Please guide me regarding penalty deposited due to Goods Seized Under Section 129(1)(b) of the Rajasthan- RGST Act, 2017.

The seizure of our goods while in transit from Udaipur- Rajasthan, to Delhi. The goods were intercepted by Rajasthan RGST officers at Alwar- Rajasthan. The officers imposed a penalty under Section 129(1)(b) of the RGST Act, 2017 totalling ₹5,67,562/- (equal to 100% of the value of goods) for the release of the goods.

1. My Calculation:
   • Taxable Value of Goods: ₹5,67,562/- Tax (18%): ₹1,02,161/-
   • Penalty (50% of Value): ₹2,83,781/-
   • CGST: ₹1,41,891/- SGST: ₹1,41,891/-
2. Officers' Calculation:
   • Taxable Value of Goods: ₹5,67,562/- Tax (18%): ₹1,02,161/-
   • Penalty (100% of Value): ₹5,67,562/- (50% CGST + 50% SGST).
   • CGST: ₹2,83,781/-SGST: ₹2,83,781/-

The amount has been deposited under the head penalty CGST: ₹2,83,781/-SGST: ₹2,83,781/- to release the goods.

Please share correct calculation as per GST PROVISION?

Thanks in advance

Regards

AI Summary

Penalty under Section 129(1)(b) may be levied as combined CGST and SGST or aggregated under IGST.
Penalty for goods seized in transit is imposed as a proportion of the goods' value; departmental practice treats such penalties as apportioned between CGST and SGST when proceedings are under central and state Acts, while under the IGST framework the penalty may be the aggregate of penalties leviable under CGST and SGST, leading to either split central/state components or a single aggregated IGST demand.