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Issues: (i) Whether intention to evade tax is a jurisdictional pre-condition under Section 129(1); (ii) The effect of Section 10(1)(b) to the claimed onward sale during transit, and the movement-document requirements; (iii) Whether the still-live first e-way bill covered the movement after diversion from Bhilai towards the location of interception or Raipur; (iv) Whether the second e-way bill truthfully and validly corresponded to that movement, having regard to its Bhilai dispatch declaration, expiry and the interception location; (v) Whether the cumulative defects were merely technical or constituted substantive contravention; and (vi) The effect of DRC-03 payment and whether the impugned order calls for interference.
Issue (i): Whether intention to evade tax is a jurisdictional pre-condition under Section 129(1).
Analysis: Section 129(1) is attracted where goods in transit are transported or stored in contravention of the Act or the rules. Unlike confiscation provisions, it does not make intention to evade tax an independent condition. Nevertheless, the explanation for the alleged contravention must be considered, and penalty cannot follow automatically from every minor discrepancy.
Conclusion: Intention to evade tax is not an independent jurisdictional pre-condition for penalty under Section 129(1).
Issue (ii): The effect of Section 10(1)(b) to the claimed onward sale during transit, and the movement-document requirements.
Analysis: Section 10(1)(b) of the IGST Act permits an intermediate purchaser to make an onward supply during transit without first taking physical delivery. That place-of-supply deeming provision does not alter the actual destination in existing transport records or dispense with Section 68 and the requirements under Rules 138 and 138A that movement documents accurately correspond to the physical movement.
Conclusion: The onward sale during transit was legally permissible, but it did not exempt the movement from valid and accurate e-way-bill documentation.
Issue (iii): Whether the still-live first e-way bill covered the movement after diversion from Bhilai towards the location of interception or Raipur.
Analysis: The first e-way bill remained valid in time and correctly described the original dispatch from Visakhapatnam to Bhilai. The contemporaneous movement record, subsequent invoice and second e-way bill produced at interception established that the destination had changed towards Raipur. Temporal validity alone could not make the first e-way bill correspond to the diverted movement.
Conclusion: The first e-way bill did not cover the altered movement merely because it had not expired.
Issue (iv): Whether the second e-way bill truthfully and validly corresponded to that movement, having regard to its Bhilai dispatch declaration, expiry and the interception location.
Analysis: The second e-way bill described a regular movement originating from Bhilai although the goods admittedly never reached Bhilai. It had expired before interception, with no extension, replacement document, exceptional circumstance, or contemporaneous transport record explaining the continued movement. The recorded interception location and route were not displaced by the alternative map evidence.
Conclusion: The second e-way bill was materially inaccurate as to its physical origin and was invalid on account of expiry at the time of interception.
Issue (v): Whether the cumulative defects were merely technical or constituted substantive contravention.
Analysis: The original e-way bill retained the displaced Bhilai destination, while the onward e-way bill falsely declared dispatch from Bhilai and had expired. The actual route was unsupported by contemporaneous time-stamped transport material. Matching goods description, quantity and vehicle number did not reconcile the conflicting origin and destination declarations or establish an uninterrupted movement.
Conclusion: The combined defects constituted substantive contravention of the movement-document requirements, not a technical or venial breach.
Issue (vi): The effect of DRC-03 payment and whether the impugned order calls for interference.
Analysis: Payment through DRC-03 to procure release of goods and conveyance neither constituted a conclusive admission nor extinguished the statutory right of appeal. On independent scrutiny, the established substantive contraventions attracted the prescribed penalty; the payment remained liable to be appropriated against that liability.
Conclusion: The payment did not bar appellate review, but no interference with the penalty was warranted.
Final Conclusion: A change in the actual destination during transit must be supported by valid movement documents that truthfully describe the physical journey; an expired e-way bill containing a materially incorrect dispatch point attracts penalty under Section 129(1)(a) without separate proof of mens rea.
Ratio Decidendi: Section 129(1) applies where the e-way bill fails to validly and truthfully correspond to the actual movement of goods, and proof of intention to evade tax is not an independent requirement for such civil penalty.
E-Way Bill Accuracy: Destination changes in transit require valid documents; expired, inaccurate records may trigger transport penalties.
Section 129(1) applies to goods transported or stored in contravention of GST requirements without requiring independent proof of intention to evade tax, although explanations for discrepancies remain relevant. An onward supply during transit is permissible under the IGST place-of-supply rule, but does not remove the obligation to maintain e-way bills and other movement records accurately reflecting the physical journey. A live e-way bill for the original destination does not cover a diverted route, while an expired e-way bill showing a dispatch point never reached is materially inaccurate. Combined origin, destination and validity defects constitute substantive contraventions. Payment through DRC-03 for release does not bar appeal, but may be appropriated against the applicable penalty.
Mens rea u/s 129 of the CGST Act - Sale in transit and e-way-bill compliance - Validity of e-way bill for diverted goods movement Mens rea under section 129 of the CGST Act - Civil penalty for contravention of movement-document requirements - Requirement of intention to evade tax for penalty under section 129(1) for contravention of movement-document requirements - HELD THAT: - Section 129(1) makes contravention during transit the condition for penalty and, unlike section 130(1), does not import intention to evade tax as an independent ingredient. Nevertheless, the authority must consider the explanation offered and determine whether the discrepancy is substantive; penalty does not follow merely from every minor or technical error. [Paras 16] Independent proof of intention to evade tax was not required, subject to assessment of the explanation and the nature of the contravention. Sale in transit and e-way-bill compliance - Validity of e-way bill for diverted goods movement - Substantive discrepancy in e-way bill - Validity of e-way bills for the diverted direct-delivery movement of M.S. scrap sold during transit - HELD THAT: - An onward sale during transit was permissible without prior physical receipt by the intermediary. However, the continuing movement had to be supported by a valid e-way bill truthfully corresponding to its actual origin and destination. The first e-way bill, though valid in time, recorded Bhilai as the destination and did not cover the altered movement towards Raipur. The second e-way bill declared Bhilai as the physical dispatch point although the goods had not reached Bhilai, and it had expired without extension or replacement. The asserted alternative route was unsupported by contemporaneous movement records. These cumulative defects were substantive and not merely technical. [Paras 22, 23, 24, 25, 26] The movement contravened the applicable movement-document requirements, attracting penalty under section 129(1)(a). Payment through DRC-03 and statutory appeal - Effect of DRC-03 payment made to secure release of detained goods on the statutory appellate remedy. - HELD THAT: - Payment made through DRC-03 for release of the goods did not amount to a conclusive admission of liability or waiver of the statutory appeal. The deemed conclusion of proceedings upon payment did not preclude a reasoned adjudication and appellate scrutiny where liability remained disputed. [Paras 32] The payment was liable to be credited against the sustained penalty after independent consideration of the appeal on merits. Final Conclusion: The appeal was dismissed and the penalty under section 129(1)(a) was sustained upon finding substantive contravention of the movement-document requirements. The payment made through DRC-03 was directed to be credited against the liability, without double recovery.