Levy of penalty - the e-way bill had expired one hour fifteen ...

Court Overturns Penalty for Minor E-Way Bill Delay Due to Vehicle Breakdown, Citing Lack of Intent to Evade Tax.

April 27, 2024

Case Laws     GST     HC

Levy of penalty - the e-way bill had expired one hour fifteen minutes prior to interception - The High Court acknowledged that while the e-way bill had expired, the goods were accompanied by the necessary documents, and the delay was due to a vehicle breakdown. Citing previous judgments, the court emphasized that mens rea, or intention to evade tax, is essential for penalty imposition. It concluded that there was no evidence of such intent in this case. The court held that the authorities failed to consider the explanation for the delay, rendering the penalty unjustified. - It emphasized that the breach was minor and did not indicate any intention to evade tax. - The court concluded that the penalty order under Section 129(3) of the Act was not warranted.

View Source