During the period 01.02.2018 to 31.03.2018 the requirement of e-way bill under U.P. GST Act was unenforceable. Therefore, penalty imposed with respect to the goods being transported in such period without e-way bill is not sustainable.
Section 129 of the CGST Act, 2017 — Goods in Transit —–The petitioner challenged the order dated 03.11.2018 passed by the respondent under section 107 of the Act and order dated 21.02.2018. By the impugned order dated 21.02.2018, penalty has been imposed with respect to the goods being transported without e-way bill. The counsel for the petitioner submitted that during the period 01.02.2018 to 31.03.2018 the requirement of e-way bill under the Act was unenforceable. Therefore, neither seizure of goods was justified nor can the penalty be sustained. The court observed that the case is squarely covered by a decision of Division Bench of this Court in M/s Godrej and Boyce Manufacturing Co. Ltd.
Held that:- The Hon’ble High Court allowed the present writ petition and set aside the impugned order dated 03.11.2018 and also the order dated 21.02.2018.
During the period 01.02.2018 to 31.03.2018 the requirement of e-way bill under U.P. GST Act was unenforceable. Therefore, penalty imposed with respect to the goods being transported in such period without e-way bill is not sustainable.
Section 129 of the CGST Act, 2017 — Goods in Transit —–The petitioner challenged the order dated 03.11.2018 passed by the respondent under section 107 of the Act and order dated 21.02.2018. By the impugned order dated 21.02.2018, penalty has been imposed with respect to the goods being transported without e-way bill. The counsel for the petitioner submitted that during the period 01.02.2018 to 31.03.2018 the requirement of e-way bill under the Act was unenforceable. Therefore, neither seizure of goods was justified nor can the penalty be sustained. The court observed that the case is squarely covered by a decision of Division Bench of this Court in M/s Godrej and Boyce Manufacturing Co. Ltd.
Held that:- The Hon’ble High Court allowed the present writ petition and set aside the impugned order dated 03.11.2018 and also the order dated 21.02.2018.