SHEKHAR B. SARAF
Falguni Steels – Appellant
Versus
State Of U. P. – Respondent
JUDGMENT :
1. The instant writ petition has been filed by the petitioner, M/s Falguni Steels praying for the issuance of a writ of certiorari against the order dated February 21, 2019 passed by the Assistant Commissioner, Commercial Tax, (Mobile Squad), Unit – II, Prayagraj (hereinafter referred to as ‘Respondent No. 2’) and the order dated October 20, 2019 passed by the Additional Commissioner, Grade -2, (Appeal) -I, Commercial Tax, Prayagraj (hereinafter referred to as ‘Respondent No. 3’).
Facts
2. Factual matrix of the instant case has been laid down below:
b. Thereafter, the petitioner obtained the service of a private road carrier for the transpo
The central legal point established in the judgment is the requirement of intent to evade tax for the imposition of penalties under the UPGST Act, 2017, and the CGST Act, 2017.
The imposition of penalties under tax laws requires clear evidence of intent to evade tax, and procedural fairness must be upheld in enforcement actions.
The main legal point established in the judgment is the requirement for generating e-way bills before the commencement of transportation of goods, the burden of proof on the taxpayer to establish lac....
For imposition of penalties under the GST Act, intent to evade tax must be established; mere expiration of documents does not suffice.
Intention to evade tax is a prerequisite for imposing penalties under GST Act; mere technical issues should not warrant such penalties.
Penalties under GST Act require evidence of intent to evade tax; mere technical omissions do not warrant penalties when tax has been duly paid.
Penalties should be reserved for cases where there is a demonstrated actual intent to evade tax, and technical errors without potential financial implications should not be grounds for imposition of ....
The expiration of an e-way bill during transit, without any intent to evade tax, does not justify severe penalties under the CGST Act; penalties must be proportionate to the offense committed.
For proceedings under section 129 of the UPGST Act, there must be intent to evade tax established; a mere technical breach does not warrant penalties.
Expiration of an e-Way Bill during transit does not invoke penalties under Section 129 without evidence of intent to evade taxes.
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