High Court Strikes Down GST Confiscation Notice for formation of opinion beyond the 6-day statutory period:

The GST MOV-10 indicates that the conclusion regarding tax evasion was reached after the 6-day time limit specified under Rule 138C of the CGST Rules. Therefore, the entire proceedings are void.
6-Day Rule Breached: Gujarat High Court Strikes Down GST Confiscation Notice

High Court Strikes Down GST Confiscation Notice for formation of opinion beyond the 6-day statutory period
The GST MOV-10 showed that the formation of the tax evasion opinion was done beyond the period of 6 days as prescribed under Rule 138C of CGST Rules, and therefore, the proceedings are void.
Facts
The petitioner M/S. Ratna Udyog Through Its Authorised Signatory Vijay Sharad Mhamane is challenging the GST MOV-10 notice dated 18.03.2026 under Section 130 of the CGST Act. The vehicle was intercepted on 05.03.2026 at 03:30 AM. Opinion regarding tax evasion was formed on 12.03.2026, which is beyond the 6-day limit prescribed under Rule 138C of the CGST Rules.
Issue
Whether the formation of opinion beyond the 6-day statutory period prescribed under Rule 138C is valid.
Court’s Observation
Rule 138C mandates the completion of the proceedings and formation of an opinion within 6 days. In the present case, the date was 11.03.2026, but the opinion was formed on 12.03.2026.Therefore, the action was beyond time and thus time-barred.
Judgment
The violation of the mandatory 6-day limit nullifies the proceedings. The MOV-10 notice is quashed, and the Gujarat High Court allowed the Writ Petition.
About Author

Saloni Kumari
Content Writer
Saloni is a Content Writer with 2+ years of experience at studycafe.in. She writes legal, taxation, and finance related content including GST, Income Tax etc. Skilled in translating complex judicial pronouncements and regulatory developments into clear, and reader-friendly articles. Experienced in covering judgements of ITAT, High Court, GSTAT, and news related to Income Tax, GST, and corporate law. She can be reached at [email protected].
Saloni is a Content Writer with 2+ years of experience at studycafe.in. She writes legal, taxation, and finance related content including GST, Income Tax etc. Skilled in translating complex judicial pronouncements and regulatory developments into clear, and reader-friendly articles. Experienced in covering judgements of ITAT, High Court, GSTAT, and news related to Income Tax, GST, and corporate law. She can be reached at [email protected].
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