Section 67 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
A seizure cannot be indefinite. The Act puts a clock on it, and the clock runs whether or not anyone is watching.
Section 67(7): where any goods are seized under sub-section (2) and no notice in respect thereof is given within six months of the seizure of the goods, the goods shall be returned to the person from whose possession they were seized. The proviso: the period of six months may, on sufficient cause being shown, be extended by the proper officer for a further period not exceeding six months. So the outer limit is twelve months, and the extension requires sufficient cause — it is not automatic.
The four elements
"Any goods." The sub-section applies to goods, not to documents, books or things. Documents are governed by the second proviso to s.67(2) — retention only for so long as necessary — and by s.67(3) — return within thirty days of a notice, of what was not relied upon. Section 67(3) →
"Seized under sub-section (2)." Goods restrained by a prohibition order in INS-03 were, by definition, not seized — the order issues where seizure was not practicable. That produces an awkward position, and is a reason to press for either a formal seizure or the lifting of the prohibition rather than leaving an INS-03 to sit indefinitely.
"No notice in respect thereof is given within six months." A notice in respect of the goods — in practice a notice under s.130 proposing confiscation, or a demand notice covering the goods. A general inquiry letter, a summons, or a request for documents is not a notice in respect of the goods.
"Shall be returned." Mandatory. The entitlement arises on the expiry of the period, without an application, and the goods go back to the person from whose possession they were seized — which may not be the owner.
The extension is not automatic
The proviso allows extension "on sufficient cause being shown", by the proper officer, for a further period not exceeding six months.
Three requirements:
Sufficient cause. A reason, capable of being stated. Departmental workload, transfer of the officer, or the file being "under examination" are not obviously sufficient cause for continuing to hold a person's goods.
Shown. Cause has to be demonstrated, which implies a record.
By the proper officer. Within the period, not after it. An extension purportedly made after the six months have already expired operates on an entitlement that has already crystallised.
And it must be communicated. An extension the taxpayer never learns of cannot be tested. Where six months pass, the correct step is to write asking whether an extension was ordered, by whom, on what cause and on what date — and to seek return if there was none.
What "notice" means here
The phrase is "no notice in respect thereof".
Sufficient:
- a notice under s.130 proposing confiscation of the seized goods;
- a demand notice under s.73, s.74 or s.74A that covers the goods seized.
Not sufficient:
- a summons under s.70;
- a letter calling for records or explanations;
- an INS-02 — that is the seizure order itself, not a notice in respect of the goods;
- a notice to a different person about different goods.
The distinction matters because departments sometimes treat any communication as stopping the clock. It does not.
Enforcing it
- Diarise the date of seizure from the INS-02 and the Rule 139(5) inventory. Six months runs from the seizure, not from the panchnama's conclusion or from any later event.
- At month five, write asking whether a notice has been issued in respect of the goods and whether any extension is proposed.
- On expiry, write demanding return under s.67(7), identifying the goods by inventory item number, and stating that no notice in respect of them has been received.
- Ask for the extension order if one is claimed — its date, the officer, and the cause recorded.
- Where return is refused, the remedy is a writ petition. The entitlement is statutory and unconditional once the period expires without a notice, which makes it a comparatively clean petition.
- Record the condition of the goods on return. Deterioration during an unlawful retention is a separate grievance.
Where the goods were released provisionally
If goods were released under s.67(6) on a bond and bank guarantee, the six-month period still runs.
Where it expires without a notice, the basis for holding the security falls away with the basis for holding the goods. The bond and guarantee should be released, and a written request should be made citing s.67(7) together with the release.
The same applies to an INS-03 prohibition order: where no notice in respect of the goods issues within the period, there is no continuing basis to restrain dealing with them. Provisional release →
Key takeaways
- Six months from seizure; no notice in respect of the goods, and they shall be returned.
- Extension is for a further six months, requires sufficient cause shown, and must be made within the period.
- The sub-section covers goods only; documents fall under the retention proviso and s.67(3).
- A summons or a letter is not a notice in respect of the goods.
- Goods return to the person from whose possession they were seized.
- Where goods were released on a bond and guarantee, expiry of the period should release the security too.
Read next
- Section 67(6): Provisional Release of Seized Goods
- Section 67(3): Return of Documents Not Relied Upon
- Rule 139 and the INS Forms: The Search and Seizure Procedure
- Section 130: Confiscation and the Redemption Fine
Disclaimer: Positions stated as on 5 September 2026, based on the CGST Act and Rules as amended to 31 March 2026 (ICAI Bare Law, 12th edition) and the ICAI Handbook on Inspection, Search, Seizure and Arrest under GST (July 2025).