Latest GST Judgments

For Full Access To All Latest Judgments on GST
Click Here To Subscribe Now
Take a tour of our GST Library

It is the specific case of the petitioner that there is no intention to evade tax as the petitioner has generated E-way bill by declaring the consignee as its additional place of business. Considering the fact that there is only a technical breach committed by the petitioner and there is no intention to evade tax, this court inclined to quash the impugned order and allow this writ petition by directing the respondent to release the vehicle and the consignment to the petitioner, if the same has not been released already.

Section 129 of the CGST Act, 2017 – Goods in Transit –- The petitioner challenged order dated dated 25.03.2022 in Form GST MOV-9 seeking to impose penalty under Section 129(3) of the Act. The petitioner submitted that there was no intention to evade tax as the petitioner has generated E-way bill by declaring the consignee as its additional place of business. The court observed that the consignor and the consignee are one and the same entity, namely, Head Office and the Branch Office. The petitioner has made efforts ex post facto and the registration certificate has also been amended. There is only a technical breach committed by the petitioner and there is no intention to evade tax.

Held that:- The Hon’ble High Court quash the impugned order and allow the petition by directing the respondent to release the vehicle and the consignment to the petitioner.

Professional services available Audit Management
Tax Lok English Viedo
Tax Lok Hindi Viedo
Check Your Tax Knowledge
Youtube
HR Consulting services

FOR FREE CONDUCTED TOUR OF OUR ON-LINE LIBRARIES WITH OUR REPRESENTATIVE-- CLICK HERE

FOR ANY SUPPORT ON GST/INCOME TAX

Do You Want To Take FREE DEMO Of Our GST/Income Tax Library.