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Transit penalties for changed delivery destinations require assessment of tax evasion intent and surrounding evidence, not destination changes alone.
Change of the declared destination alone does not establish an intention to evade tax or justify a transit penalty under section 129. Intent, the nature of the discrepancy and surrounding circumstances must be assessed alongside invoices, e-way bills and other supporting records. Producing relevant documents at the appellate stage does not by itself make a transaction non-genuine, subject to applicable procedural requirements. Recurring issues fall within an exception to monetary limits on departmental appeals, including enforcement questions arising repeatedly during transportation checks.
Transit penalty for destination discrepancy - Monetary limits for departmental appeals involving recurring issues Transit penalty for destination discrepancy - Intention to evade tax - Whether penalty under Section 129 of the UPGST Act, 2017, can be imposed merely on account of a change in the declared destination of goods? - HELD THAT: - A destination discrepancy does not automatically establish an attempt to evade tax; liability under Section 129 must be examined with reference to the nature of the contravention, surrounding circumstances and supporting evidence. The diversion resulted from traffic restrictions beyond the taxpayer's control. Original purchase invoices and e-way bills identified the goods, while an e-invoice, e-way bill and banking transactions supported the subsequent sale to a registered purchaser. Production of the sale documents for the first time in appeal did not, by itself, render the transaction non-genuine. Nor did the original supplier's lack of a branch at the changed destination establish that the subsequent sale was fictitious. The Department produced no cogent material establishing an unaccounted supply, suppression of taxable turnover or intent to evade GST. [Paras 6] The destination discrepancy did not justify sustaining the penalty in the circumstances, and the appellate order setting it aside was upheld. Monetary limits for departmental appeals involving recurring issues - Maintainability of a departmental GST appeal below the prescribed monetary limit where the dispute involved a recurring legal question affecting mobile-squad enforcement jurisdiction - HELD THAT: - Paragraph 4 of Circular No. 207/01/2024-GST excludes recurring issues from the prescribed monetary limits for departmental appeals. The legal question affecting mobile-squad enforcement jurisdiction arose repeatedly in transportation checks and therefore fell within that exclusion. [Paras 1] The preliminary objection based on the monetary limit was overruled, and the departmental appeal was held maintainable. Final Conclusion: The appellate order setting aside the penalty under Section 129 was upheld and affirmed.