Condonation of refiling delay refused where repeated defects, lack of diligence and vague explanations defeated the appeal against resolution plan app...
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HC held that under West Bengal GST Rules, 2017, a physical tax invoice is mandatory during goods transportation. While electronic display was attempted, it did not constitute statutory compliance with Rule 138A(1)(a). The court noted no evidence of tax evasion intent and referenced prior precedent in Ashok Sharma case. Critically, the revenue authority did not dispute tax invoice authenticity or allege tax payment default. Consequently, the court set aside the penalty order, finding Section 129 invocation unjustified without demonstrable tax evasion intention. The appellate authority's order affirming the original penalty was quashed, and the petitioner was deemed entitled to penalty refund.
HC held that under West Bengal GST Rules, 2017, a physical tax invoice is mandatory during goods transportation. While electronic display was attempted, it did not constitute statutory compliance with Rule 138A(1)(a). The court noted no evidence of tax evasion intent and referenced prior precedent in Ashok Sharma case. Critically, the revenue authority did not dispute tax invoice authenticity or allege tax payment default. Consequently, the court set aside the penalty order, finding Section 129 invocation unjustified without demonstrable tax evasion intention. The appellate authority's order affirming the original penalty was quashed, and the petitioner was deemed entitled to penalty refund.
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