SHEKHAR B. SARAF
Kay Pan Fragrance Pvt. Ltd. – Appellant
Versus
State of U. P. – Respondent
JUDGMENT
Shekhar B. Saraf, J.
Heard Mrs. Pooja Talwar, learned counsel appearing on behalf of the petitioner and Sri. Ravi Shankar Pandey, learned Additional Chief Standing Counsel appearing on behalf of the State.
2. This is a petition under Article 226 of the Constitution of India, wherein the writ petitioner is aggrieved by penalty order dated December 11, 2017 passed under Section 129(3) of the Uttar Pradesh Goods and Services Tax Act, 2017 (hereinafter referred to as the 'Act') and the order in appeal dated December 22, 2018 passed under Section 107 of the Act.
3. Mrs. Pooja Talwar, learned counsel appearing on behalf of the petitioner submits that the only discrepancy found by the authorities was that the e-way bill had expired. She further submits that there was no other discrepancy apart from the expiry of e-way bill. She further submits that the goods were accompanied by relevant documents and also matched the description as per invoice. She also submits that the reason for the expiry of e-way bill has been explained to the authorities, indicating that the medical condition of the driver was not good, and therefore, driver could not drive for long hours. It is also to be no
Technical violations without intent to evade tax do not justify penalties under the Uttar Pradesh Goods and Services Tax Act.
A penalty under Section 129(3) of the Act requires proof of mens rea for tax evasion, which was absent in this case, leading to the quashing of the penalty orders.
A technical error in not filling Part 'B' of an e-Way Bill, without intent to evade tax, does not justify a penalty under Section 129(3) of the Uttar Pradesh Goods and Services Tax Act.
Non-filling of Part 'B' of e-Way Bill does not warrant penalty under Section 129(3) without evidence of intent to evade tax.
A technical error in the e-Way Bill without intent to evade tax does not justify a penalty under Section 129(3) of the Uttar Pradesh Goods and Services Tax Act, 2017.
A technical error in documentation without intent to evade tax does not justify penalty under the Uttar Pradesh Goods and Service Tax Act.
Non-filling of Part 'B' of e-Way Bill without intent to evade tax does not justify penalty under Section 129(3) of the Act.
Imposition of penalty under Section 129 of the Act should consider the intention to evade tax and the validity period of e-way bill, and should take into account the peculiar facts of the case.
Expiration of an e-Way Bill during transit does not invoke penalties under Section 129 without evidence of intent to evade taxes.
The imposition of penalties under tax laws requires clear evidence of intent to evade tax, and procedural fairness must be upheld in enforcement actions.
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