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GST - Highlights / Catch Notes

Home Highlights February 2024 Year 2024 This

Levy of penalty - at the time of detention was that one of the ...


Expired E-Way Bill Penalty Requires Intent to Evade Tax; Technical Violation Alone Insufficient for Penalty Imposition.

February 7, 2024

Case Laws     GST     HC

Levy of penalty - at the time of detention was that one of the E-Way Bills had expired - The High court held that mens rea to evade tax is essential for imposing penalties. In this case, there was no indication of intent to evade tax. While a technical violation occurred, authorities failed to establish repeated use of the expired E-Way Bill or intent to evade tax. Therefore, the technical violation alone did not warrant a penalty u/s 129(3) of the Act. The court quashed the impugned orders.

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