2025 (2) TMI 890 - HC - GST

Levy of tax and penalty for petitioner s technical mistake in mentioning the wrong document number in the e-way bill - HELD THAT - It is admitted that the goods in question were onward journey from Mathura to Mirzapur when it was intercepted at Etawah and on physical verification it was found that there was mis-match in tax invoice and e-way bill. In the e-way bill instead of tax invoice number SAP document number was mentioned which was also present in the tax invoice itself. The petitioner has brought on record copies of the tax invoice and e-way bill as Annexure No. 2 to this writ petition. Further except the aforesaid discrepancy no other discrepancy has been pointed out by the authorities below. Once the authorities below have not pointed out any other mismatch relating to quality quantity items of goods etc. as disclosed in the tax invoice the error can be a genuine human error while generating the e-way bill. Further the record shows that no finding has been recorded with regard to intention to evade payment of tax which is essential for levying penalty. The human error which has been committed while generating the e-way bill cannot be the only ground for justifying initiation of proceedings under section 129 of the GST Act. Conclusion - The technical error in the e-way bill coupled with the absence of any intention to evade tax and the lack of other discrepancies rendered the impugned orders unsustainable in the eyes of the law. Petition allowed.

Summary

The issues presented and considered in the judgment are as follows:1. Whether the petitioner's technical mistake in mentioning the wrong document number in the e-way bill justifies the imposition of tax and penalty under section 129(3) of the GST Act.2. Whether the absence of any intention to evade tax, coupled with the lack of other discrepancies, renders the impugned orders unsustainable in the eyes of the law.Issue-wise detailed analysis:Issue 1:Relevant legal framework and precedents:- Section 129(3) of the GST Act allows for the levy of tax and penalty in cases of non-compliance with e-way bill regulations.Court's interpretation and reasoning:- The Court noted that the petitioner's error in mentioning the wrong document number in the e-way bill was a technical mistake and not indicative of an intention to evade tax.Key evidence and findings:- The goods were intercepted due to a mismatch between the tax invoice number and the e-way bill, with no other discrepancies found.Application of law to facts:- The Court emphasized that the purpose of the e-way bill is to track the movement of goods and ensure tax compliance.Treatment of competing arguments:- The respondent argued that the petitioner violated rule 138 of the Rules, justifying the proceedings initiated against them.Conclusions:- The Court held that the technical error in the e-way bill did not warrant the imposition of tax and penalty under section 129(3) of the GST Act.Issue 2:Relevant legal framework and precedents:- The Court referred to the judgment in M/s Zhuzoor Infratech Private Limited case for guidance on the purpose and validity of e-way bills.Court's interpretation and reasoning:- The Court emphasized the importance of the e-way bill in ensuring tax compliance and noted that the genuineness of the transaction cannot be questioned if the e-way bill is not cancelled within the prescribed period.Key evidence and findings:- The Court cited the case of M/s Sun Flag Iron and Steel Company Limited to support the principle that technical errors in e-way bills should not lead to seizure or penalty.Application of law to facts:- The Court applied the principles established in previous judgments to the present case, highlighting the lack of justification for the proceedings against the petitioner.Conclusions:- The Court quashed the impugned orders dated 20.03.2024 and 04.09.2023 passed under section 129(3) of the GST Act, ruling in favor of the petitioner.Significant holdings:- The Court held that the technical error in the e-way bill, coupled with the absence of any intention to evade tax and the lack of other discrepancies, rendered the impugned orders unsustainable in the eyes of the law.- The core principle established is that genuine human errors in e-way bills should not lead to the imposition of tax and penalty under the GST Act.Overall, the Court ruled in favor of the petitioner, quashing the impugned orders and allowing the writ petition.