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GST - Highlights / Catch Notes

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Seeking release of detained machinery - Expired E-Way bill - ...


Court Orders Release of Machinery Detained Over Expired E-Way Bill; No Tax Evasion Found u/s 192A.

August 28, 2021

Case Laws     GST     HC

Seeking release of detained machinery - Expired E-Way bill - machines used in the business of dealing - detention on the ground that the excavator had no registration in the State of Tripura which was violative of Section 192A of the Motor Vehicles Act - the tax authorities must make a clear distinction between deliberate tax evasion and technical or minor defects which manifest no intention to evade tax. When the IGST liability has been fully discharged, no intention can be attributed on part of the petitioner to evade tax. - HC

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