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HC determined that detention of goods and penalties imposed for ...


Absence of E-Tax Invoice Due to GST Portal Glitch Cannot Justify Detention or Penalties When Physical Documents Exist

February 22, 2025

Case Laws     GST     HC

HC determined that detention of goods and penalties imposed for missing e-tax invoice were unjustified. While physical tax invoice, e-way bill, and bilty accompanied the goods with accurate descriptions and quantities, the e-tax invoice was absent due to technical issues with GST portal. The authorities failed to establish any intent to evade tax payments. The petitioner's explanation regarding technical glitch remained undisputed. Following precedents where deficiencies noted in show cause notices were rectified before detention orders, the court held that penalties were unwarranted when no tax evasion was proven. The impugned order was set aside and the petition was allowed, establishing that technical non-compliance without fraudulent intent does not merit punitive action.

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