CIRCULARS

Circular No. Subject
Circular No. 64/38/2018-GST dt.14.09.2018

Modification of the procedure for interception of conveyances for inspection of goods in movement, and detention, release and confiscation of such goods and conveyances, as clarified in Circular No.41/15/2018-GST dated 13.04.2018 and 49/23/2018-GST dated 21.06.2018

COMMUNITY INSIGHTS

Topic

Publish Date

Understanding the E-Way Bill System

The E-way bill system is a crucial component of India’s Goods and Services Tax (GST) regime. The Statutory requirement of e-way bill is covered under Section 68 of the CGST Act & Rule 138 of the CGST Rules, 2017. The E-way bill ensures the smooth and regulated transportation of goods across state borders. This article delves into the details of what an E-way bill is, when it is required, who is responsible for generating it, and other special cases................ Read More

19.09.2024

CASE LAW

Authority One liner
2024(07)LCX0020

Allahabad High Court

Nanhey Mal Munna Lal

Penalty u/s 129(3) GST Act is set aside due to a typographical error of different dates on the E-way Bill and Tax Invoice.

2024(05)LCX0125

Allahabad High Court

Raghuveer Ispat Private Limited

Expired e-way bill from engine failure is a technical violation, not tax evasion; penalty is not warranted under Section 129(3) of CGST Act.
2024(05)LCX0121

Allahabad High Court

Axrecycle Private Limited

Non filling up of Part 'B' of the e-Way Bill, without any intention to evade tax cannot lead to imposition of penalty u/s129(3) of the Act.
2024(05)LCX0029

Allahabad High Court

Mid Town Associates

Absence of an E-Way bill during transit constituted a technical violation only, not a tax evasion.
2024(04)LCX0478

Allahabad High Court

Sangeeta Jain

Error of Dispatch address in E-Way Bill without any intention to evade tax cannot lead to imposition of penalty.

2024(04)LCX0366

Rajasthan High Court

Hindustan Trading Co.

Order u/s 129 (3) CGST Act is unjustified as issue was not absence of e-way bill, but expired e-way bill during transit & heavy penalty for such minor offence is unacceptable.
2024(03)LCX0317

Madras High Court

Ganesh Engineering

Assessee is directed to file appeal against order u/s 74 demanding tax, interest and penalty due to duplicate eway bills, before revenue after payment of 15% of disputed tax amount.
2024(02)LCX0381

Allahabad High Court

Varun Beverages Ltd.

Non filling up of Part 'B' of the E-Way Bill by itself without any intention to evade tax would not lead to imposition of penalty under Section 129(3) of the Act.
2024(02)LCX0100

Allahabad High Court

Indeutsch Industries Private Limited

Intention to evade tax is sine qua non before imposition of penalty.
2024(02)LCX0061

Allahabad High Court

Anchor Health And Beauty Care Private Limited

Impugned orders are arbitrary having levied tax on the petitioner on the goods meant for stock transfer between one branch to another.
2024(01)LCX0494

Allahabad High Court

Precision Tools India

Defect in filing e-way bill being purely of technical nature only and without any intention to evade, makes the seizure order illigal and void.
2024(01)LCX0045

Allahabad High Court

Hindustan Herbal Cosmetics

A typographical error in the e-way bill without any further material to substantiate the intention to evade tax should not and cannot lead to imposition of penalty.
2023(10)LCX0049

Allahabad High Court

Vacmet India Ltd.

Proceedings are vitiated when there was no intention to evade payment of tax.
2023(02)LCX0025

Allahabad High Court

Varun Beverages Ltd.

As there is no dispute to the fact that it is a case of stock transfer and there is no intention on the part of dealer to evade any tax, the minor discrepancy as to the registration of vehicle in State in the e-way bill would not attract proceedings for penalty under Section 129 and the order passed by the detaining authority as well as first appellate authority cannot be sustained.
2022(03)LCX0289

Madhya Pradesh High Court

CREATE CONSULTS

Mistake of wrong mention of name in eway bill is clerical mistake thus, proceeding under Section 129 of GST may not be issued.
2020(08)LCX0040

Kerala High Court

ABCO TRADES (P) LTD

No detention of goods u/s 129 on ground that e-way bill show consignee as unregistered person.