128. Power to waive penalty or fee or both. —
The Government may, by notification, waive in part or full, any
penalty referred to in section 122 or section 123 or section 125 or any late fee referred to in section 47 for such class
of taxpayers and under such mitigating circumstances as may be specified therein on the recommendations of the
Council. 129. Detention, seizure and release of goods and conveyances in transit.—
(1) Notwithstanding anything contained in this Act, where any person transports any goods or stores any goods
while they are in transit in contravention of the provisions of this Act or the rules made thereunder, all such goods and
conveyance used as a means of transport for carrying the said goods and documents relating to such goods and
conveyance shall be CHAPTER XIX OFFENCES AND PENALTIES 157 liable to detention or seizure and after
detention or seizure, shall be released,––
(a) on payment of the applicable tax and penalty equal to one hundred per cent. of the tax payable on such goods
and, in case of exempted goods, on payment of an amount equal to two per cent. of the value of goods or twenty-five
thousand rupees, whichever is less, where the owner of the goods comes forward for payment of such tax and penalty;
(b) on payment of the applicable tax and penalty equal to the fifty per cent. of the value of the goods reduced by
the tax amount paid thereon and, in case of exempted goods, on payment of an amount equal to five per cent. of the
value of goods or twenty-five thousand rupees, whichever is less, where the owner of the goods does not come forward
for payment of such tax and penalty;
(c) upon furnishing a security equivalent to the amount payable under clause (a) or clause (b) in such form and
manner as may be prescribed: Provided that no such goods or conveyance shall be detained or seized without serving
an order of detention or seizure on the person transporting the goods.
(2) The provisions of sub-section (6) of section 67 shall, mutatis mutandis, apply for detention and seizure of goods
and conveyances.