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Corporate News *  Dept. Can’t Classify Product as Zarda Scented Tobacco After Repeatedly Approving It As Chewing Tobacco: CESTAT *  Mere Uploading Of GST Order On Portal Is Not “Valid” Service: Tripura HC *  CGST Can Proceed Even If SGST Closed Similar Case Earlier: Delhi HC *  SC upholds 28% GST on online gaming with retrospective effect. *  West Bengal Govt cuts E-way Bill Threshold limit to Rs. 50,000 for intra-state goods movement. *  Criminal Prosecution Under Central Excise Act Can’t Continue After CESTAT Sets Aside Duty Demand on Merits: Punjab & Haryana High Court. *  Madras High Court Quashes GST Assessment Orders for Denial of Personal Hearing; Remands Matter Subject to 10% Deposit *  Ex Parte GST Order: Madras High Court Directs Immediate Removal of Bank/ITC Attachment Upon 25% Deposit *  J.K. Cement Receives GST Demand Order of Rs 8,02,113/- from Ahmedabad Tax Authority *  Delhi Police EOW Busts Alleged Rs. 128 Crore GST Fake Invoice Network. *  REPLY TO SCN CAN’T BE TREATED AS “EMPTY FORMALITY”: ORISSA HIGH COURT QUASHES GST DEMAND OF RS. 57.30 LAKH *  Challenge to CGST Provisions restricting ITC to Bonafide Purchasers : Allahabad HC issues notice *  CBIC Notifies Revised Customs Tariff Values for Edible Oils, Gold, Silver, Brass Scrap and Areca Nuts *  Delhi HC Orders Removal of GST Attachment After Statutory 1 Year Period Expired *  GSTAT Extends Relaxed Appeal Filing Guidelines till December 31, 2026 *  AO fails to Provide Import - Export Data from DGFT to Taxpayer for Reconciliation *  Gold, Silver Imports To Get Costlier As Govt Raises Customs Duty To 10%  *  GSTAT Enables Pre-Payment Access to Document Upload and Checklist for GST Appeal Filing *  GST Portal Restrictions Can’t Override Statute: Gujarat HC Allows Cross-State Transfer Of CGST ITC After Amalgamation *  Centre Revises HS Codes for Large Diameter Steel Pipes Used in Oil & Gas Pipelines *  Customs Duty Liability Arises On Warehouse Clearance Date: Supreme Court *  Government lifts export ban on de-oiled rice bran *  CESTAT Grants 12% Interest on Pre-Deposit for Investigation from Date of Deposit till Refund and Denies Interest on Interest. *  Government Overhauls GST Classification Framework for Non-Alcoholic Beverages; Fruit Juice Drinks, Milk-Based Beverages and Caffeinated Drinks to Attract Revised 5% and 40% GST Rates from May 1, 2026 *  India’s gross GST collections hit a record Rs 2.42 lakh crore in April, up 8.7% *  Customs clearance stalled, revenue hit over MRP dispute *  Shipping Corporation explores Middle East routes as Hormuz tensions disrupt cargo movement *  India, Kenya signs MoU for exchange of pre-arrival customs information *  No demand of Taxes under Reverse Charge if Tax Already Discharged by Service Provider under forward charge *  The India-New Zealand Free Trade Agreement, signed "once-in-a-generation" deal that eliminates tariffs on 100% of Indian exports to New Zealand
Subject News *  Consignment Sales Can’t Be Reclassified as Inter-State Sales Based on Pre-Agreement Evidence: CESTAT *  Exporter Can’t Be Denied Advance Authorization Benefit Due To ICEGATE Technical Glitch: Delhi High Court *  No GST Demand For Mere Wrong Set-Off Of IGST Credit Under CGST And SGST Heads: Kerala HC. *  Cenvat Credit Can’t Be Denied on Input Services Having Nexus With Manufacturing Activities: CESTAT *  Pending Proceedings Can’t Survive Without Saving Clause: Calcutta High Court Quashes GST Demand of Rs. 6.28 Crore After Omission of Rule 96(10) *  Madras HC Quashes GST Demands on TASMAC (Tamil Nadu State Marketing Corporation) Bar Licence Fee *  GST Proceedings Cannot Survive Omitted Rule Without Saving Clause: Calcutta HC *  Provisional Release Can’t Be Denied Solely On Dept. Suspicion Of Misclassification And Undervaluation Of Imported Goods: CESTAT *  Businesses Should Not Be Kept Outside GST Regime Without Due Process: Gauhati High Court *  Punjab & Haryana HC Directs Reconsideration of Contractors’ Claim for Additional GST Payment After Tax Rate Hike From 12% to 18% *  S. 108 Statements Can’t Be Sole Basis Without Following Section 138B Procedure: CESTAT *  Bombay High Court Frames Key Questions on Mandatory Distribution of ITC U/s 20 CGST Act *  Filing of Annexure-B for Refund Applications involving Accumulated ITC using the offline utility in GST portal: GSTN *  No Service Tax on Parent Company’s Un-Invoiced Cost Allocations Without Actual Service or Consideration: CESTAT  *  Calcutta High Court Upholds GST Classification of Polypropylene Leno Bags as Plastic Products *  DRC-01 Summary Can’t Replace Mandatory SCN: Gauhati High Court *  GSTAT Issues Major Bench Allocation Framework; All Appeals to First Go Before Division Bench *  ITC Blocking Without Reasoned Order Violates Rule 86A; Punjab & Haryana HC Directs Release of Credit *  Allahabad HC Refuses Bail to CGST Superintendent In Rs. 70 Lakh Bribery Case *  S.130 Can’t Be Invoked Without Prior Tax Determination U/s 73/74: Allahabad High Court Quashes GST Confiscation Proceedings *  SC grants Bail to Rs 54cr GST case  *  Karnataka HC Sets Aside Duplicate GST Orders, Orders Fresh Hearing on GSTIN Cancellation *  DRC-01 Summary Can’t Replace Mandatory SCN: Gauhati High Court *  Transfer Of Unutilized ITC After Amalgamation - Supreme Court Issues Notice *  PUNJAB & HARYANA HC QUASHES GST CANCELLATION NOTICE FOR FAILURE TO PROVIDE CBIC ENQUIRY REPORT *  LICENSE FEE, TECHNICAL ASSISTANCE CHARGES NOT INCLUDIBLE IN CUSTOMS VALUE UNLESS THEY ARE A CONDITION OF SALE: CESTAT *  DELHI HC ORDERS REMOVAL OF GST ATTACHMENT AFTER STATUTORY 1 YEAR PERIOD EXPIRED *  CUSTOMS BROKER CAN’T BE FAULTED JUST BECAUSE EXPORTER’S GST REGISTRATION WAS PREVIOUSLY CANCELLED: CESTAT   *  Supreme Court Dismisses Review Plea Against Delhi HC Ruling Holding Real Operator Behind Fake GST Firms Liable As ‘Taxable Person  *  GST Appeal Can’t Be Rejected Merely Because DRC-07 Was Not Uploaded On Portal: Bombay High Court  

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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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