Tax Officials Cannot Penalize Missing State E-way Bill During Feb-Mar 2018 Under Section 129(3) UPGST Act

HC quashed proceedings initiated under Section 129(3) of UPGST Act 2017 regarding goods intercepted without state E-way bill. While tax invoice, Central E-way bill and builty accompanied the goods, state E-way bill was absent. Following precedents in similar cases, HC held that during 01.02.2018 to 31.03.2018, E-way bill requirement under UPGST Act was not enforceable. Therefore, seizure proceedings against petitioner were without jurisdiction. The impugned orders were unsustainable in law as the requirement for state E-way bill documentation had not come into force during the relevant period. Petition allowed with proceedings quashed. .....

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