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GST - Highlights / Catch Notes

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Release of detained goods - expiry of E-way bill - Inter-state ...


Court Rules Expired E-way Bill Alone Doesn't Prove Tax Evasion; Goods Release Ordered Under GST Rule 138(10.

June 11, 2021

Case Laws     GST     HC

Release of detained goods - expiry of E-way bill - Inter-state purchases - Rule 138(10) of the GST Act, 2017 - It was the duty of 2nd respondent to consider the explanation offered by petitioner as to why the goods could not have been delivered during the validity of the e-way bill, and instead he is harping on the fact that the e-way bill is not extended even four (04) hours before the expiry or four (04) hours after the expiry, which is untenable - there was no material before the 2nd respondent to come to the conclusion that there was evasion of tax by the petitioner merely on account of lapsing of time mentioned in the e-way bill - HC

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