2024 (2) TMI 1128

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.... 1. Heard Sri Pranjal Shukla, learned counsel appearing on behalf of the petitioner and Sri Ravi Shanker Pandey, learned Additional Chief Standing Counsel appearing on behalf of the State. 2. This is a writ petition under Article 226 of the Constitution of India, wherein the petitioner is aggrieved by the order imposing penalty dated August 8, 2018 passed by respondent No.4/Assistant Commission....

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....s Modern Traders v. State of U.P. and others (Writ Tax No.763 of 2018 decided on May 9, 2018) to argue that when the documents are produced after the interception and before the detention order is passed, no penalty is leviable under Section 129(3) of the Act. He further relies upon paragraph Nos.19 and 20 of the Single Bench judgment of this Court in M/s Falguni Steels v. State of U.P. and others....

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....s from the Department to the assessee. 6. In the present case, the facts are undisputed that neither invoice nor E-Way Bill were accompanying the goods. Such a contravention to the Rules cannot be treated to be a mere technical or typographical mistake, and accordingly, in such cases, the burden of proof for establishing that there was no mens rea for evasion of taxes shifts to the assessee. ....