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GST detention penalties under section 129 require a pleaded and...

GST detention penalties require a specific statutory charge, disclosed evidence, and a meaningful hearing before penalties can stand.

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GST September 21, 2026 Case Laws AT
GST detention penalties under section 129 require a pleaded and established contravention of the Act or Rules. A show-cause notice must identify the defective documents and the precise legal provision allegedly breached; a vague allegation of diversion or unloading at an undeclared destination is insufficient. Reliance on inculpatory statements requires their disclosure, and an offered personal hearing and cross-examination opportunity must be genuinely afforded before adjudication. Appellate review must address material natural-justice objections and identify the statutory contravention rather than rely on route or invoicing observations alone.

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Acts Income Tax