Fraud-based GST assessment cannot stand without allegations of fraud, wilful misstatement or suppression; proceedings must follow normal classificatio...
The High Court ruled on a case involving the levy of penalty u/s 129 of the GST Act due to an error in mentioning the vehicle number in the E-way bill during the transit of goods. The court found that the discrepancy in the vehicle registration number did not indicate any intention to evade tax, as it was a genuine sale of goods. The court held that this minor error does not warrant penalty proceedings u/s 129. The court set aside the orders of the detaining authority and the first appellate authority, as there was no evidence of tax evasion beyond the incorrect vehicle number in the E-way bill. The petition was allowed, and the orders were deemed unsustainable in the eyes of the law.
The High Court ruled on a case involving the levy of penalty u/s 129 of the GST Act due to an error in mentioning the vehicle number in the E-way bill during the transit of goods. The court found that the discrepancy in the vehicle registration number did not indicate any intention to evade tax, as it was a genuine sale of goods. The court held that this minor error does not warrant penalty proceedings u/s 129. The court set aside the orders of the detaining authority and the first appellate authority, as there was no evidence of tax evasion beyond the incorrect vehicle number in the E-way bill. The petition was allowed, and the orders were deemed unsustainable in the eyes of the law.
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