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Corporate News *  Service tax penalty can’t survive when assessee acted on dept.’s own view of non-taxability: Delhi High Court. *  GST section 74 extended limitation questionable when form 26AS mismatch was already known: Karnataka High Court grants interim relief. *  CGST demand prima facie impermissible after state GST settlement under section 128A: Bombay High Court. *  Supreme Court asks GSTAT to sympathetically consider delay as taxpayers pursued remedy before wrong forum. *  Supreme Court stays Tripura High Court ruling protecting genuine buyers from ITC denial over supplier’s GST default. *  Diary entries alone can’t prove clandestine removal of goods: CESTAT quashes excise penalty on steel trader. *  Customs could investigate preferential tariff claims even before sec. 28DA: Delhi High Court. *  Customs dept. relied on fake AI generated case laws: supreme court quashes Rs. 425.28 crore penalty. *  No GST exemption in affiliation and annual registration charges for admission or conduct Of examinations: GSTAT. *  Mere invoices, cheque payments insufficient to establish genuine movement of goods: GSTAT restores Rs. 43.44 lakh ITC demand. *  Consolidated GST show cause notice covering multiple financial years is not without jurisdiction: Delhi High Court. *  Construction of independent houses on separate plots not taxable as ‘Residential Complex’ without common facilities: CESTAT. *  GST penalty exceeding statutory maximum unsustainable; Allahabad High Court quashes ? 50,000/- penalty after taxpayer filed return and paid late fee. *  GST order against standard chartered bank passed without hearing set aside by Bombay High Court. *  Retracted statements can’t be relied upon without cross-examination: CESTAT quashes gold confiscation. *  Burden to prove misclassification lies on customs department: CESTAT. *  CESTAT quashes Rs. 98 lakh excise demand on clearance of used refractory brick scrap. *  Service tax demand on irrigation works quashed: Karnataka High Court rules sale of goods component not taxable as service. *  GSTAT restores tax and penalty for transporting iron scrap without E-way bill citing intent to evade tax. *  Madras High Court stays GST recovery from directors without opportunity to show cause under section 89. *  Madras high court stays GST recovery notice against directors; finds prima facie case on applicability of section 79(1)(c). *  Procedural lapses can’t justify harsh punishment without serious customs breach: CESTAT quashes customs broker licence revocation. *  Service tax payable on land leasing and sports complex charges: CESTAT. *  Settled customs dispute can’t be reopened through Article 226 challenge to interest liability: Delhi High Court. *  Mere facilitation of customs clearance can’t establish knowledge of smuggling: Madras High Court. *  GST registration cancellation stayed: Allahabad High Court questions 99% ITC utilisation cap under rule 86B. *  Composition scheme lapses automatically on crossing Rs. 1.5 crore turnover: GSTAT. *  Gujarat High Court quashes GST cancellation orders after officer relied on non-existent AI-generated case laws. *  Importers liable for customs duty benefits availed through manipulated scrips: Delhi High Court. *  Procedural E-way bill lapse alone can’t justify penalty where genuine transaction and absence of tax evasion are established: GSTAT.
Subject News *  Documentary evidence dominates probe, further custody unwarranted: mumbai court grants bail in Rs. 22.44 crore customs duty evasion case. *  Business premises can’t remain sealed for non-participation in GST search: Allahabad High Court. *  GST pre-deposit must be refunded proportionately when taxpayer partly succeeds in appeal: Bombay High Court. *  Supreme Court grants 30 days to file GST appeal; keeps pre-deposit issue open due to deposit in parallel CGST proceedings. *  GST demand can’t exceed amount proposed in SCN: Allahabad High Court quashes Rs. 20.47 Crore order. *  Hundreds-of-crores GST demand and heavy 10% pre-deposit no ground to bypass statutory appeal: Punjab & Haryana High Court. *  Delhi High Court refuses to entertain challenge to gold confiscation due to statutory appeal remedy and unexplained delay. *  Procedural error in customs broker licence inquiry can be rectified through remand: Delhi High Court. *  GSTR-2A mismatch alone can’t justify ITC denial without invoice-wise verification; personal hearing mandatory: GSTAT. *  GST order passed without uploading personal hearing notices violates sec. 75(4): Allahabad High Court. *  TAX EVASION - Sec. 74 GST SCN quashed for not spelling out fraud, wilful misstatement or suppression: Allahabad High Court. *  STPI’s SOFTEX certification and NoC charges taxable as business support services: CESTAT. *  Suspicion can’t replace proof: CESTAT quashes penalty in alleged gold-smuggling operation. *   Limitation runs from communication of order: Madras High Court upholds rejection of delayed GST Appeals. *  Rajasthan High Court quashes GST demand over unsigned show cause notice. *  ITC recovery upheld where supplier failed to deposit GST: Rajasthan High Court. *  Customs commissioner’s empowered to make port trust liable for duty on pilfered goods: Supreme Court. *  Rectification proceedings can’t be used to challenge an uncontested GST assessment through a writ petition: Andhra Pradesh HC. *  GST proceedings against deceased proprietor unsustainable without notice to legal heir: GSTAT. *  Mere availment of ineligible self-assessed ITC doesn’t amount to suppression without evidence of fraud or wilful misstatement: GSTAT. *  Disposal of mining overburden by entity authorised by mining lease holder constitutes taxable service: CESTAT. *  Toll plaza data not mandatory for ITC refund: GSTAT. *  Disputed GST fraud allegations require investigation: Punjab and Haryana High Court makes interim bail absolute in alleged fraud and GST fraud case. *  Non-manufacturer contractor liable to deposit excess excise duty collected from buyer: CESTAT. *  GST order can’t reject taxpayer’s reply as “not satisfactory” without reasons: Madhya Pradesh High Court. *  Uncorroborated statements can’t establish alleged diversion of duty-free goods: CESTAT. *  Erection services were not liable to service tax prior to 10th september 2004: CESTAT. *  Sec. 74 GST notice must spell out statutory ingredients for invoking extended tax demand proceedings: Allahabad High Court. *  No jurisdictional bar under section 6(2)(b) in parallel CGST SGST proceedings: Delhi High Court refuses to bypass GST appeal remedy. *  Madras High Court remits GST demand for fresh adjudication after taxpayer claims it was unaware of SCN following business closure.  

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GST Update No 181 on minor penalty for bonafide mistakes in E-way bill

GST Update No 181 on minor penalty for bonafide mistakes in E-way bill
GST law promoted the ideology of ease of doing business. The concept of e-way bill was introduced to avoid unnecessary hassle faced by the industry during movement of goods from one place to another resulting into elimination of prolonged road permit system. However, looking at the other side of the coin, e-way bill mechanism proved to be a constant source of pain which increased hardships of taxpayers to manifolds since they were subjected to heavy penalties for minor slip-ups in compliance leading to increase in litigations. The question regarding legality of action taken by tax officials and how to proceed further has always been a point of dispute. One of such issue was raised before Kerala High Court in the case of GREENLIGHTS POWER SOLUTIONS V/S STATE TAX OFFICER wherein goods were detained on account of minor lapse in E-way bill. The analysis of the decision is the subject matter of discussion of our present update. The petitioner is registered under GST and carries on business in electrical works contract. The goods were being transported through vehicle in connection with work of a hospital at Assam. The goods were intercepted since they were transported on 02.03.2021 while date of invoice was 03.02.2021. The petitioner held that the error occurred due to default in computer formatting system. It was contended that instead of dd-mm-yyyy format, the computer-generated bill in the mm-dd-yyyy format. As a result, instead of 02.03.2021, invoice mentioned 03.02.2021. The counsel of the petitioner relied on CBIC Circular No. 64/38/2018 dated 14.09.2018 and contended that hefty penalty should not be imposed on account of minor mistakes. The Counsel of revenue argued that alternate remedy was available and therefore, this writ petition should not be admitted. It was argued that change in format in e-way bill and invoice was done purposely to avoid tax by the CA. PRADEEP JAIN ??www.capradeepjain.com??pradeep@capradeepjain.com??5 taxpayer. Reliance was placed on Assistant Commissioner of State Tax and Others v. Commercial Steel Limited [(2021) SCC Online SC 884]. The court held admitted the petition despite of alternate remedy available with the petitioner. The Court analysed various situations covered under CBIC Circular and held that the circular is issued to remove hardships faced by taxpayers on account of procedural lapses. It was held that the circular is binding on the tax officers and therefore, the taxpayers cannot be penalised on account of minor discrepancies. Furthermore, it was held that the present situation is nowhere covered under aforesaid circular. The analysis of the circular represents the fact that the instances covered are on account of bonafide mistakes. In the present case, it was stated that except other details, there was discrepancy only in case of date of invoice and e-way bill. Reliance was placed on the decision of Madras High Court in the case of Tvl. R. K. Motors v/s State Tax Officer [(2019) 72 GST 501 (Madras). Therefore, it was held that only minor penalty should be levied on account of procedural lapses. As it is said, “To err is human” is famous proverb that should be kept in mind by the revenue authorities while detaining any goods as practically there are lot of inadvertent mistakes in preparation of e-way bills. There had been plethora of cases wherein courts have opined that procedural lapses should not be taken as a ground of imposing penalty. However, time and again the revenue authorities are reluctant to follow the rulings imparted. A strict action from Government’s end is anticipated to reduce unnecessary harassment of business community.
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