SHEKHAR B. SARAF
Kapil Transport Company – Appellant
Versus
State of U. P. – Respondent
JUDGMENT
Shekhar B. Saraf, J.
This is an application under Article 226 of the Constitution of India wherein the writ petitioner is aggrieved by the order dated November 21, 2019 passed under Section 129(3) of the Uttar Pradesh Goods and Services Tax Act, 2017 (hereinafter referred to as 'the Act') by the respondent No.3/Assistant Commissioner (Incharge) Commercial Tax Mobile Squad, Agra and the order in appeal dated February 13, 2020 passed under Section 107(11) of the Act by the respondent No.2/Additional Commissioner, Grade-2 (Appeal), Commercial Tax, Agra.
2. It is to be noted that the penalty was imposed upon the petitioner under Section 129(1)(b) of the Act and thereafter in appeal certain relief was granted to the petitioner.
3. The factual matrix in the present case is that the vehicle was carrying invoice showing that the goods being transported was "sindoor". Part-B of the e-way bill was not filled up. Upon detention, it was found that there was no "sindoor" in the vehicle and there were 21 other items such as (i) 50 Nag urea water, (ii) 640 liter engine oil, (iii) 160 kilograms iron hinges, (iv) 180 piece Chakla, (v) 1 Nag footwear sole, (vi) 720 piece footwear paddle, (vii
The absence of invoices and e-way bills creates a presumption of tax evasion under the Uttar Pradesh Goods and Services Tax Act, which must be rebutted by the petitioner.
A technical error in documentation without intent to evade tax does not justify penalty under the Uttar Pradesh Goods and Service Tax Act.
Mens rea is essential for imposing penalties under tax laws; technical faults without intent to evade tax should not attract penalties.
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 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.
Technical violations without intent to evade tax do not justify penalties under the Uttar Pradesh Goods and Services Tax Act.
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.
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 ....
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.
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.
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