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Corporate News *  GST registration cancellation without reasons amounts to ‘Economic Death’ of business: Supreme Court. *  No GST refund if appeal before GSTAT is filed late: Gujarat High Court. *  Mere upload of GST notice on portal not valid service, appeal limitation won’t start: Punjab & Haryana High Court. *  Taxpayer can’t be penalised for missing notices hidden under ‘Additional Notices/Orders’: Calcutta High Court allows fresh adjudication. *  State tax officer can’t issue GST SCN beyond CBIC-assigned jurisdiction: Bombay High Court stays recovery proceedings. *  Earlier 7.5% Pre-Deposit must count towards mandatory 10% for Appeal: Uttarakhand high court quashes CESTAT Order. *  Third Parties can’t challenge GST Advance Rulings merely due to financial impact: Karnataka HC *  GST SCN generated using AI tool quashed: Punjab & Haryana High Court *  Bank Attachment Quashed as Madras HC Quashes GST Order Issued Against Deceased Person *  ITC Blocking Order for Failure to Record ‘Reason to Believe’ U/R 86A Quashed: Allahabad High Court *  Govt Extends GSTAT Appeal Filing Deadline From 30 June to July 31, 2026 *  GST Demand on RWA Stayed: Allahabad High Court Questions Taxability of Electricity Distribution to Flat Owners *  CBIC Clarifies Jurisdiction After GST Registration Transfer: Earlier Proceedings Remain Valid, New Officer to Continue Action *  GST authorities’ certification not mandatory for reimbursement, but tax payment must be proven: Karnataka HC *  Contractor can’t seek gst reimbursement through writ when contract has arbitration clause: Karnataka HC *  Unsigned Order Is No Order in Law: AP HC Quashes GST Assessment Order for Want of Officer’s Signature *  Customs Can’t Levy Rs. 1.36 Crore Cost Recovery Charges Without Proof of Full-Day Officer Deployment: CESTAT  *  12% IGST Payable On Imported Dialysis Machine Parts: CESTAT *  Bombay High Court Admits Challenge to GST Limitation Extension Notifications; Grants Protection Against Coercive Recovery *  Criminal Case Can’t Run Parallel to GST Proceedings on Same Facts: Allahabad High Court *  Allahabad High Court Stays GST Detention Order; Directs Release of Vehicle and Goods on Deposit of Rs. 1.44 Lakh *  Service Tax Can’t Be Levied on Loss-Making Contracts: Gujarat High Court *  GSTN Mandates Ship-to GSTIN in e-Invoice and e-Way Bill APIs; Introduces Voluntary e-Way Bill Closure Facility from August 1, 2026 *  GST Appeal Can’t Be Rejected as Time-Barred When Taxpayer Was Pursuing Rectification Remedy: Telangana High Court *  Absence of E-Way Bill and Transport Documents Justifies Customs Seizure U/s 110: Gauhati HC *  Madras High Court Upholds GST Late Fee and Penalty for Non-Filing of Annual Return, Dismisses Challenge  *  GST Records, Purchase Documents Sufficient to Discharge Burden Under Customs Act: CESTAT Orders Release of 3.65 Kg Gold  *  No Sugar Cess Payable on Sugar Exported Out of India: CESTAT *  Road Construction Services Exempt and SCN Time-Barred: CESTAT Quashes Service Tax Demand Based Solely on Form 26AS  *  ITC Freeze Upheld After GST Dept Find Suppliers Were Allegedly Fake Bill-Trading Entities: Madras HC 
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GST Update No 278 on detention for expiry of E-way bill by few hours

GST Update No 278 on detention for expiry of E-way bill by few hours
The highest cases are being reported with respect to detention and seizure of goods during their transportation on account of discrepancies found in e-way bill. There had been various Judicial Rulings wherein the High Courts have delivered that delay in delivery after expiry of e-way bill would not result into detention or imposition of penalty unless there is intention to evade tax. Further, the Apex Court in the case of ASSISTANT COMMISSIONER (ST) & ORS. V/S SATYAM SHIVAM PAPERS LIMITED held that no penalty can be levied for delay in the transportation of goods due to bottleneck of traffic. Recently, on similar lines, case was reported before Madhya Pradesh High Court in the case of M/s DAYA SHANKAR SINGH AND STATE OF MADHYA PRADESH. The decision imparted in this case is subject matter of discussion of our present update.
The petitioner is registered Government Contractor and had received work order from Divisional Project Engineer of Public Works Department for construction of additional laboratory and classroom at the Dindori college. The quotation was received from Mittal Steels for supply of TMT bars and hence, order was placed to them in Raipur. Mittal steels generated E-way bill for movement of goods from Raipur to Dindori. However, the vehicle subsequently suffered the problem and the clutch-plates of vehicle got damaged. The proprietor of “Maa Rewa Transport” sent vehicle for servicing to “Rama Moto Cooperation” Raipur on 18.05.2022. As on 19.05.2022, the vehicle got repaired and tax invoice was also raised for changing parts. Thereafter, the vehicle started its movement after getting gate pass. The vehicle reached at destination on 19.05.2022 between 10:30 to 10:45 pm and upon reaching the petitioner directed the driver to take the vehicle to weigh bridge. The Assistant Commissioner at 04:35 am as on 20.05.2022 stopped the truck and demanded all the relevant documents which were duly furnished by the driver.
CA. PRADEEP JAIN
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However, the authority objected the E-way bill stating that it got expired as on 19.05.2022 at 12:00 am. Hence, GST MOV-02 was issued to the petitioner stating that e-way bill is expired and the vehicle was detained.
The petitioner requested that material detained should be supplied to him since the same were necessary for construction of classroom and laboratory. The written submissions of petitioner were not accepted and hence, MOV-06 and 07 were also issued specifying the penalty demanded. The Counsel of petitioner submitted that the proceedings under Section 129 are not justifiable and principles of natural justice were not followed. Further, no penalty should be imposed for “minor breaches” or procedural lapses. Also, the petitioner is not guilty of any fraudulent or gross negligence, hence, penalty imposed is totally unwarranted. It was argued that the respondent failed to see that there was no revenue loss. The intention of E-Way bill mechanism was to keep a check on movement of goods without tax invoice and to regulate tax evasion and the act of respondent however runs contrary to the scheme of mechanism. Reliance was placed on decision of Telangana High Court in the case of Satyam Shivam Papers Pvt. Ltd. V/s Asst. Commissioner, ST & Others, Calcutta High Court in the case of Ashok Kumar Sureka V/s Asst. Commissioner, State Tax, Durgapur Range, Divisional Bench in the case of Robbins Tunnelling & Trenchless Technology (India) Pvt. Ltd. V/s State of Madhya Pradesh & Others. Further reference was made to Circular No. 64/38/2018-GST dated 14.09.2018.
The Counsel of department argued that the order and notice issued in the present case contains no discrepancy or deficiency and the action taken is in accordance with the provisions of the Act.
The Court held that the submissions of appellant as regards to violation of principle of natural justice and gross negligence were not rebutted by the respondent. Reference was made to decisions on which the petitioner placed reliance. Hence, it was concluded that there is gross negligence on the part of revenue department since there is no tax evasion. It was bonafide mistake only and hence, no penalty should be imposed. It was directed to refund the amount of penalty paid within 30 days failing which interest at the rate of 6% is
CA. PRADEEP JAIN
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payable to the petitioner by the department.
The above decision is yet another example in support of the fact that harsh and vindictive penalties should not be levied in case of technical breaches and lapses. Reference can be drawn to various decisions such as R.K. Motors V/s State Officers, M.R. Traders V/s Assistant State Tax Officer, Godrej Consumer Products Ltd. v/s ACST & E-Cum etc. It is high time that these settled Judicial Pronouncements should be followed by the departmental authorities before initiating any action against the taxpayers in order to avoid the unnecessary litigations.
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