SHEKHAR B. SARAF
Ratan Enterprises – Appellant
Versus
State of U. P. – Respondent
JUDGMENT
Shekhar B. Saraf, J.
Heard Sri. Shubham Agarwal, learned counsel appearing on behalf of the petitioner and Sri. Rishi Kumar, learned Additional Chief Standing Counsel appearing on behalf of the State.
2. This is a writ petition under Article 226 of the Constitution of India wherein the petitioner is aggrieved by the order of penalty dated May 6, 2018 passed by the respondent No.2/Additional Commissioner, Commercial Tax, Mobile Squad Kasganj under Section 129(3) of the Uttar Pradesh Goods and Service Tax Act, 2017 (hereinafter referred to as "the Act") and the order of the Appellate Authority dated May 7, 2019 passed by respondent No.3/Additional Commissioner Grade-2 (Appeal), Commercial Tax, Aligarh under Section 107 of the Act.
3. The factual matrix in the present case is that the goods were accompanied by the invoice, E-Way Bill, Gate Pass, 9R and bitty. The only flaw, on the basis of which goods were detained, was that the Part B of the E-Way Bill was not filled up. However, as pointed out by the learned counsel appearing on behalf of the petitioner, the invoice and bitty contained the number of the vehicle. Furthermore, other relevant documents were accompanying the good
A technical error in documentation without intent to evade tax does not justify penalty under the Uttar Pradesh Goods and Service 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.
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 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.
Mens rea is essential for imposing penalties under tax laws; technical faults without intent to evade tax should not attract penalties.
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.
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.
Penalties under GST Act require evidence of intent to evade tax; mere technical omissions do not warrant penalties when tax has been duly paid.
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