HC quashes seizure order /
show cause notice passed / issued u/s 129 of CGST Act for non-filing of Part-B
of e-Way Bill during movement of goods within State of U.P up to transporter’s
premises; Accepts assessee’s contention that in terms of amendment to Rule 138
of CGST Rules vide Notification No. 12/2018-Central Tax, it was not obliged to
fill details of conveyance in Part-B where goods were being transported up to a
distance of 50 kms within the State, from the place of consignor’s business to
the place of transporter for further transportation; Finds force in assessee’s
submission that there was no intention to evade payment of tax for the reason that
it had charged IGST @ 18% in respect of such goods consigned to Gujarat; Noting
that all the documents accompanied the goods and requisite details were duly
mentioned, HC elucidates that mere non-mentioning of vehicle no. in Part-B
cannot be a ground for seizure of goods; Moreover, states that it was
obligatory on Revenue’s part to pass an appropriate reasoned order on noting
that no reasons were assigned nor any discussion mentioned therein,
consequently directs release of seized goods & vehicle: Allahabad HC
Subscribe to:
Post Comments (Atom)
5 GST Judgments in 2026 Every Business Should Be Watching
The year 2026 has already delivered several landmark GST decisions that could significantly influence tax compliance, assessments, and litig...
-
A new website launched for TDS related matters www.tdscpc.gov.in TRACES – T DS R econciliation A nalysis and C orrection E nabling S yste...
-
THE issues before the Bench are - Whether when an expenditure is claimed to have been incurred by an assessee for promotion of his busine...
-
The posting had been move to another website. Please click the link below to get the access of the same. https://taxofindia.wordpress....
-
The Reserve Bank of India has introduced a new framework governing export and import transactions under FEMA. These regulations are effectiv...
-
THE issues before the Bench are - Whether no penalty u/s 271(1)(c) is warranted even if assessee makes false claim of Sec 80IA benefits ...
-
What is a Digital Signature? Answer: A digital signature authenticates electronic documents in a similar manner a handwritten signatur...
-
This Tax Alert summarizes a recent judgement of the Supreme Court (SC) [1] on whether a show cause notice (SCN) under Section 74 of the ...
-
The overall effective tax rate of a U.S. multinational corporation may have significant impact on the value of its stock. Therefore, it ...
-
This Tax Alert summarizes a recent ruling of the Gujarat High Court (HC)1 on the taxability of corporate guarantee provided by the Petitio...
-
This Tax Alert summarizes a recent ruling of the Delhi High Court (HC) [1] on whether the newly introduced pre-deposit requirement for fi...
No comments:
Post a Comment