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    <title>2023 (9) TMI 50 - ALLAHABAD HIGH COURT</title>
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    <description>Detention and penalty under s.129 GST Act for non-carriage of an e-way bill was held unsustainable where the goods originated and were destined within another State, the tax invoices and GR were admitted genuine, and a State notification exempted items other than specified goods from the e-way bill requirement. The HC found the authorities themselves accepted there was no intention to unload in the taxing State or evade tax, and no discrepancy in accompanying documents; a mere technical lapse could not justify penalty. The impugned detention/penalty orders were set aside and any amount deposited was directed to be refunded within the stipulated time.</description>
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    <pubDate>Mon, 28 Aug 2023 00:00:00 +0530</pubDate>
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      <title>2023 (9) TMI 50 - ALLAHABAD HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=442428</link>
      <description>Detention and penalty under s.129 GST Act for non-carriage of an e-way bill was held unsustainable where the goods originated and were destined within another State, the tax invoices and GR were admitted genuine, and a State notification exempted items other than specified goods from the e-way bill requirement. The HC found the authorities themselves accepted there was no intention to unload in the taxing State or evade tax, and no discrepancy in accompanying documents; a mere technical lapse could not justify penalty. The impugned detention/penalty orders were set aside and any amount deposited was directed to be refunded within the stipulated time.</description>
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