Technical violation in E-way Bills without any intention to evade tax cannot lead to imposition of penalty
Pranav Mehta
Recently, the Hon’ble High Court of Allahabad in the case of Globe Panel Industries India (P.) Ltd. vs. State of U.P, [2024] 159 taxmann.com 203 (Allahabad) has held that since authorities had not been able to indicate any intention on part of assessee to evade tax in relation to e-invoices and E-way bills, technical violation by itself without any intention to evade tax could not lead to imposition of penalty.
Facts of the case:
The particular vehicle was accompanied by two E-Invoices and two E-Way Bills. The goods matched the description in the E-Invoices and the E-Way Bills.
At the time of detention, discrepancy was found that one of the E-Way Bills had expired.
Penalty was proposed to be imposed based upon the allegation that the said goods were not accompanied by requisite documents.
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