2025 (11) TMI 1182 - HC - GST

Seizure upheld where no e-way bill generated before journey; post-seizure bill cannot cure defect, intent irrelevant

M/s Birds RO System Private Limited Versus State of U.P. & 3 others

HC held that seizure of goods was justified because no e-way bill was generated or produced before commencement of the journey; a bill produced only after ... Seizure of goods - goods were being transported without there being e-way bill - petitioner submit that e-way bill could not be generated due to technical glitch on the server - intent to evade tax present or not - HELD THAT:- It is not in dispute that the goods were intercepted and seized on the ground of non-availability of the e-way bill. Once the e-way bill was not shown or generated before commencement of journey, the impugned order is justified. The Division Bench of this Court in M/s Aysha Builders & Suppliers [2025 (1) TMI 1597 - ALLAHABAD HIGH COURT] has specifically held that if the e-way bill is not produced before the detention/seizure order, the proceedings are justified - Following the said judgement, this Court in M/s Mohini Traders [2025 (9) TMI 50 - ALLAHABAD HIGH COURT] has held that in absence of e-way bill, the seizure proceeding is justified. The record of the case shows that the e-way bill was not produced and the same was produced later on the date of detention, physical inspection and passing of the seizure order. It is not in dispute that the e-way bill was not generated immediately after the movement of goods, but the same was generated much after the interception of the goods and therefore, the issue in hand is squarely covered by the judgements in M/s Aysha Builders & Suppliers and M/s Mohini Traders. Thus, no interference is called for in the present case - petition dismissed. ISSUES PRESENTED AND CONSIDERED 1. Whether seizure of goods under the GST regime is justified where goods are intercepted in transit without production of a pre-existing e-way bill. 2. Whether generation of an e-way bill after interception/seizure cures the defect and invalidates detention or seizure proceedings. 3. Whether absence of an e-way bill at the time of interception conclusively establishes an intention to evade tax, and the relevance of the consignor/registered dealer's instructions to the transporter and alleged technical glitches. ISSUE-WISE DETAILED ANALYSIS Issue 1 - Justification for seizure where e-way bill is not produced before commencement of journey or at interception Legal framework: The GST statutory scheme requires generation and carriage of an e-way bill for movement of goods beyond specified thresholds; non-production at interception can attract detention/seizure under the relevant provisions governing transit and enforcement. Precedent Treatment: The Court followed earlier decisions of this High Court holding that absence of an e-way bill at the time of interception validates seizure/detention proceedings where the e-way bill was not already in existence or produced prior to interception. Interpretation and reasoning: The Court emphasized temporal compliance - the e-way bill must exist and be produced before or at the point of interception/commencement of journey. Where no such bill was available at the time goods were intercepted and physical verification was undertaken, the statutory prerequisites for lawful movement were not met, justifying seizure. Ratio vs. Obiter: Ratio - seizure is justified when an e-way bill is not produced at interception and no prior e-way bill covered the movement. The Court's reliance on prior decisions as directly applicable places this holding in the core ratio. Conclusion: Seizure/detention was legally justified in the absence of an e-way bill at the time of interception. Issue 2 - Effect of generating an e-way bill after interception/seizure Legal framework: Compliance with e-way bill obligations is time-sensitive; the statutory scheme aims to ensure e-way bills accompany goods during movement and are available at enforcement touchpoints. Precedent Treatment: The Court applied authorities which distinguish cases where an e-way bill was downloaded/generated before interception from those where it was generated only after detention/seizure, treating post-interception generation as insufficient to vitiate seizure. Interpretation and reasoning: The Court rejected the proposition that subsequent generation/production of an e-way bill cures the earlier non-compliance. It underscored that an e-way bill produced only after interception does not negate the fact that the statutory requirement was not fulfilled at the critical time when enforcement action was taken. Ratio vs. Obiter: Ratio - generation of an e-way bill post-interception does not invalidate or render unlawful seizure that was based on absence of an e-way bill at interception. Conclusion: Post-interception generation of an e-way bill does not rebut the legality of seizure/detention that occurred due to non-production at the time of interception. Issue 3 - Whether absence of an e-way bill establishes intent to evade tax and the weight of claimed lack of intent, instructions to transporter, and technical glitches Legal framework: Enforcement provisions treat carriage of goods without required documentation as a ground for seizure; mens rea (intention to evade tax) is relevant but can be inferred from non-compliance with documentary requirements. Precedent Treatment: The Court followed precedents holding that failure to produce an e-way bill at interception can support an inference of intention to evade tax, and that explanations offered after interception (including later generation of documents) do not necessarily negate that inference. Interpretation and reasoning: The Court considered the petitioner's assertions (instructions to transporter to await e-way bill, technical server glitches, compliance with tax returns) but held that such assertions cannot supplant the factual matrix at interception: the transporter failed to produce an e-way bill when required and the goods were in transit without the mandated document. The Court treated the absence of the e-way bill at the material time as determinative despite the registered dealer's subsequent explanations and compliance history. Ratio vs. Obiter: Ratio - absence of an e-way bill at interception permits the enforcement authority to infer intention to evade or at least to validly effect seizure; explanations of lack of intent or post-facto compliance are insufficient where statutory document was not produced at the critical time. Obiter - remarks on technical glitches and instructions to transporter are treated as insufficient factual exculpation but not exhaustively analyzed as categorical bar to defense in every case. Conclusion: The absence of an e-way bill at interception supports detention/seizure; claimed lack of intent, prior instructions to the transporter, and later generation of the e-way bill do not invalidate the seizure in the present facts. Cross-References and Consolidated Conclusion All issues converge on a single controlling principle: temporal compliance with the e-way bill requirement is mandatory for lawful movement of goods and for avoidance of seizure/detention; production or generation of an e-way bill only after interception does not cure earlier non-compliance. Having applied this principle and followed directly applicable precedents, the Court concluded there was no misapplication of law warranting interference with the seizure order.