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Corporate News *  The GSTN has issued an Advisory dated 21.04.2026 about the introduction of an Offline Tool for the Invoice Management System (IMS)  *  CBIC extends due dates for filing of FORM GSTR 3B  for the month of April 2026 *  Interest cannot be imposed in adjudication order, if not demanded/quantified in show cause notice : Allahabad HC *  Wheelchairs with toileting facility eligible for exemption: CESTAT affirms customs duty exemption to importer *  Industries urge GST council to allow inverted duty refunds on input services *  Tamil Nadu GST dept introduced virtual hearing facility for GST appeals under under section 107 of the TNGST act: detailed guidelines  *  CIC urges authorities to implement GST evasion complaint tracking system *  Even if the assessee opts "NO" for personal hearing in form DRC-06 ,The mandatory requirement under section 75(4) to grant opportunity of hearing cannot be waived:Gujarat High Court  *  Glufosinate imports curbs imposed by govt *  Government extends Re-import period for exported cut & polished diamonds *  CIC flags lack of tracking system for tax evasion complaints,urges GST authorities to improve transparency *  No Custodial Interrogation needed in GST fraud case based on documentary evidence already in Department's Possession : Chattisgarh HC *  Orders under section cannot be sustained if passed without considering the taxpayer's objections and without granting a personal hearing:Gujarat High Court *  Mere cancellation of supplier's registration cannot,by itself,justify denial of ITC or cancellation of the recipient's registration:Bombay High Court *  High Court sets aside GST notice citing factual errors and natural justice violations *  Provisional Bank Attachment under Section. 110 of Customs Act Unsustainable Beyond Statutory period without Extension order: Bombay HC orders to defreeze accounts *  Post Clearance MRP Alteration by Distributor Does not attract Differential Customs Duty: CESTAT *  DGFT Expands scope of 'Screws' classification under RoDTEP Scheme  *  E-way bills surze to all time high of 140.6 million in March *  GST Exemption Allowed on Pure Labour Services for Standalone Houses: AAR  *  GST Payable Only on Margin in Second-Hand Car Sales, Subject to Strict Conditions and No ITC Claim: AAR *  DGFT rolls out procedure for allocation of calcined coke *  GST portal update : Pre-deposit amount now editable in Appeals *  J&K HC declared TMT scrap a 'Specified Good' eligibile for GST refunds under Support Scheme  *  Pigmy agents are employees of banks; no GST can be levied on commission  paid to them : Karnataka HC *  DGFT Revises HS Code Description for Screws Under RoDTEP *  GST Registration Cancellation Invalid Without Proper Service of Notice: Allahabad High Court. *  Bengaluru CGST | GST Backlog Appeals Deadline Fixed at June 30, 2026 *  No Time Bar on Refund of Service Tax for Services Not Rendered: CESTAT  Remands Indiabulls Case for Unjust Enrichment Check. *  Supreme Court Holds Renewable Energy Incentive Must Benefit Generators, Not Be Adjusted in Tariff
Subject News *   Delhi HC Quashes Order, Says Reminder Cannot Validate Improperly Served GST SCN *  KARNATAKA HIGH COURT REMANDS GST SHORTFALL MATTER DUE TO ABSENCE OF PERSONAL HEARING   *  CESTAT cancels confiscation and penalties on imported computer cabinet cases: Custom duty restricted to 111 surplus units *  Deposit of tax during search or investigation cannot be treated as 'Voluntary Payment' : Bombay High Court *  Section 76 of the CGST cannot be invoked where the tax has already been duly deposited, even if through another registration of the same entity: Madras High Court *  Sec 74 allows use of material regardless of source; illegality or flaws in section 67 search do not vitiate valid adjudication: HC *  Inter-State transfer of ITC on Amalgamation permissible as given under section 18(3) read with rule 41 of the CGST rules, 2017: Gujarat High Court *  HC: No GST on commisson paid to Pigmy Agents *  IGST refund denial on illegible bill of lading invalid absent chance to furnish docs; merit reconsideration in appeals directed: HC *  ITC is not admissible on GST paid on leasehold rights of land used fpr setting up an air seperation plant: AAAR,Tamil Nadu *  GST: No penalty under Section 74 after voluntary ITC reversal due to non-existent supplier : High Court *  TN AAAR denies GST ITC on Land Lease under Sec. 17(5)(d) for setting up plant and machinery *  GST proceedings quashed as notices sent to old address, despite updated address in registration *  Importer Can’t Be Penalised for Alleged IGCR Procedural Lapses Without Evidence of Departmental Error: CESTAT *  Structured Healthcare Training Not ‘Charitable Activity’, 18% GST Payable: AAR  *  CESTAT As The Appellate Authority For Central Sales Tax Disputes: A Paradigm Shift Under Finance Act, 2023 *   Rs. 25K Cost Imposed On SGST Joint Commissioner for Attaching Bank  Accounts Without Forming Mandatory “Opinion”: Bombay HC *   Ex-Parte GST Order Without Hearing Violates Natural Justice: Karnataka  High Court Quashes Adjudication and Bank Attachment.  *   Retrospective GST Cancellation Can’t Invalidate Genuine Transactions:  Jaipur Commissioner (Appeals) Quashes Rs. 95,670 ITC Demand. *   GST Pre-Deposit Non-Compliance: Allahabad High Court Allows Appeal  Subject to Rs. 30 Lakh Balance Deposit, Recognises Offline Filing. *  Documentary Nature of Evidence: Allahabad High Court Grants Bail in Rs. 32.66 Crore Fake ITC Fraud Case *  Supreme Court Flags Systemic Bias in Army’s Permanent Commission Process for Women Officers *  Re-Determination of Land Compensation Can Be Based on Appellate Court Awards, Clarifies Scope of S. 28-A: Supreme Court. *  Supreme Court Imposes Rs. 5 Lakh Costs On Rent Authority Officer For Acting Beyond Jurisdiction. *  DGGI Meerut | Court Denies Bail to Accused in Claiming Fake ITC And Export Refunds *  Denial of GST Rate Revision Benefit to Contractor Violates Article 14: Rajasthan HC *  GST Registration Cancellation for Non-Filing of Returns: Gauhati High Court Directs Restoration on Compliance. *   Supreme Court Quashes FEMA Adjudication Orders, Revives Proceedings at  Show Cause Stage. *   Higher Rank, Harsher Punishment Justified: Supreme Court Restores Dismissal  of Bank Manager in Misappropriation Case. *   Limitation for Export Refund to Be Counted from Foreign Exchange Realisation,  Not From Export Invoices Issuance: CESTAT  

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GST Update No 316 on expiry of E-way bill due to clerical error

GST Update No 316 on expiry of E-way bill due to clerical error
After implementation of GST regime, one of the common point for litigation is detention of goods due to expiry of e-way bill. It is often observed that the goods are being moved even after expiry of e-way bill due to procedural irregularities and inability to extend the said e-way bill. However, there is no malafide intention attributed on the part of the supplier of goods but departmental authorities exercise their power of detention of goods thereby levying heave penalties. The Courts are flooded with detention cases wherein they have stepped forward and delivered that the harsh penalties should not be levied merely because of technical errors in e-way bills. Recently, one such issue on similar subject matter was reported before Tripura High Court in the case of TIRTHAMOYEE ALUMINIUM PRODUCTS V/S STATE OF TRIPURA. The decision imparted in this case is subject matter of our present update.The petitioner is a proprietor and engaged in the business of manufacturing of alumininum utensils. Certain products were purchased from Hindalco Industries Ltd. which is a Government company and would be supplied to Kolkata to be transported to Agartala by road. Invoice was generated for transporting goods from Howrah to Agartala. Further, Test Certificate and Packing Slip of the goods under transportation were also generated regarding number of items, their weight, chemical composition etc. The petitioner submitted that due to clerical error the distance of place of origin to destination was shown as 470 Kms instead of 1470 kms and hence, the validity period of e-way bill was of 5 days. The goods were intercepted at Tripura border and a memo of detention of goods was also issued stating that the goods were transported without a valid E-way bill. A show cause notice dated 05.11.2018 was issued to the petitioner to pay GST along with penalty. On same day the impugned order was also passed confirming the
principal tax along with penalties. The petitioner submitted challenged the order and argued that expiry of e-way bill was due to clerical error which would not result into any tax liability.The counsel of revenue stated that transporter was carrying the goods without valid E-way bill. Further, the tax inspector was within his right to demand taxes and penalties.

The Court stated that defect of the goods in transporting without valid E-way bill was due to minor oversight and a clerical error. It is clearly a typographical error wherein distance is wrongly mentioned as 470 kms instead of 1470 kms. Therefore, it was stated that inspector had no power to demand GST along with penalty. Reference was further drawn to CBIC Circular dated 14.09.2018 wherein the manner to deal with clerical errors was mentioned. It was stated that as per Circular, proceedings under Section 129 of the CGST Act, 2017 should not be initiated if there is an error of one or two digits in a document number mentioned in the E-way bill. In such a situation, at best, penalty of Rs.500 & 1000/- under State and Central GST may be collected under Section 125 of the Act. It was concluded that the present case is not a fit case where petitioner is relegated to file appeal more importantly when the order suffered from gross irregularity of no hearing been granted to the petitioner since the show cause notice and order was passed on the same day. This was wholly impermissible since it does not treat this order as a tentative demand but as a mandatory demand. Therefore, the impugned orders were set aside.The above decision is a landmark decision as it seeks to quash the detention orders where the e-way bill had expired due to genuine mistake occurred while mentioning the distance of travel. There had been various cases wherein it is ruled out that clerical mistakes should not lay a foundation for levying heavy penalties. Reference can be drawn to M/s Daya Shankar Singh and State of Madhya Pradesh, R.K. Motors V/s State Officers, M.R. Traders V/s Assistant Tax Officer etc. It is high time that judicial rulings like these should be followed by the revenue authorities unconditionally failing which the Courts will be flooded with petitioner similar to the one discussed in this update.
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