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Section 129 penalties for an unfilled Part-B of an e-way bill require independent, recorded evidence of intent to evade tax; a technical or clerical omission alone is insufficient where invoices, Part-A particulars and other documentation establish a transparent, tax-paid transaction. Penalties imposed without positive proof of tax-evasion intent are legally unsustainable. Following detention and consideration of objections, a final reasoned order in Form GST MOV-09 must be issued after providing a hearing. Failure to issue that speaking order prejudices the taxpayer's rights and vitiates the resulting penalty demand.
Section 129 penalties for an unfilled Part-B of an e-way bill require independent, recorded evidence of intent to evade tax; a technical or clerical omission alone is insufficient where invoices, Part-A particulars and other documentation establish a transparent, tax-paid transaction. Penalties imposed without positive proof of tax-evasion intent are legally unsustainable. Following detention and consideration of objections, a final reasoned order in Form GST MOV-09 must be issued after providing a hearing. Failure to issue that speaking order prejudices the taxpayer's rights and vitiates the resulting penalty demand.
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