9911796707
TMI Blog2024 (12) TMI 209X X X X Extracts X X X X X X X X Extracts X X X X ..... the only defect noted was that an E-invoice was not generated. It is submitted that the goods were being transported under the cover of E-way Bill as well as invoices and the Department has no case that there was evasion of tax. It is submitted that in such circumstances the imposition of penalty of Rs.12,12,120/- under Section 129 of the CGST / SGST Acts is without any legal justification. 2. The learned counsel for the petitioner submits that if at all any penalty could have been imposed on the petitioner, such penalty could have been imposed only in terms of the provisions contained in Section 122 and also having regard to the provisions of Section 126 of the CGST / SGST Acts. It is submitted that the issue stands covered in favour of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ry registered dealer having an annual turnover exceeding "Fifty Crores Rupees" in any one of the preceding years from the date of coming into force of the GST Act (2017- 2018) is mandated to issue c- invoice from 01.04.2021 for every Business to Business (B2B) transaction. However, the Petitioner has failed to comply with the said notification by not generating the e-invoice before the commencement of the movement of goods. Upon verification of the Petitioner's GSTN Portal, as per the annual taxable turnover as per GSTR 9, the Petitioner is mandated to generate e- invoice from 01.04.2021 as he had already crossed the e-invoice aggregate turnover limit during the financial year 2020-21 itself. Therefore, penal proceedings under Section 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of tax or where the transport was with an intent to evade tax or in cases of repeated violations (even of a minor nature). In other cases, the authorities will impose penalties having due regard to the provisions of Sections 122 and 126 of the CGST/SGST Acts. In the facts of the present case, this Court is of the considered opinion that a penalty of Rs.10,000/- (Rupees Ten thousand only), as contemplated by the provisions of Section 122(1)(xiv) of the CGST/SGST Acts can be imposed. On payment of the penalty as directed above, the Ext.P7 bank guarantee produced by the petitioner shall be released to it. However, I clarify that this judgment should not be read as holding that every case of expiry of e-way bill or other discrepancy cannot lead ..... X X X X Extracts X X X X X X X X Extracts X X X X
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