Typographical Error in E-way Bill and GST Penalty: A Legal Analysis

Deciphering Legal Judgments: A Comprehensive Analysis of Case Law

Reported as:

2024 (1) TMI 282 - ALLAHABAD HIGH COURT

The case in question, adjudicated by the Allahabad High Court, revolves around the imposition of a penalty under the Goods and Service Tax (GST) regime due to an alleged discrepancy in the e-way bill. The central issue is a typographical error in the vehicle number mentioned in the e-way bill, leading to the seizure of the goods in transit and the imposition of a penalty.

The petitioner, a registered dealer under the GST Act, was involved in the supply of cosmetics. During the transport of goods, the vehicle was intercepted, and the seizure was based on the mismatch of the vehicle number in the e-way bill. The petitioner contended that this was a typographical error and did not constitute an intention to evade tax, as the rest of the documents (tax invoice, bilty, and e-way bill) were in order and the consignee was a registered dealer.

The legal arguments presented by the petitioner drew on precedents from similar cases, including a judgment by the same court in a previous case and a Supreme Court judgment, to emphasize the absence of mens rea (intention to commit a crime) in such situations of minor discrepancies.

The court's analysis focused on the applicability of mens rea in the context of Section 129 of the GST Act, which deals with the detention, seizure, and release of goods and conveyances in transit. The court found that a minor typographical error without additional evidence of tax evasion should not lead to the imposition of a penalty. The judgment emphasized that law should be applied equitably, taking into consideration the specific circumstances of each case.

Ultimately, the court quashed the impugned orders imposing the penalty and provided relief to the petitioner, underscoring the principle that minor errors without intent to evade tax should not attract punitive measures under the GST framework.

Full Text:

2024 (1) TMI 282 - ALLAHABAD HIGH COURT