In M/s
Indeutsch Industries Pvt. Ltd. v. State of Uttar Pradesh & Others, the
Allahabad High Court examined the legality of penalty proceedings initiated
under Section 129 of the U.P. Goods and Services Tax Act, 2017, arising
solely from a clerical discrepancy in the accompanying documents of goods in
transit.
The
petitioner was engaged in lawful movement of goods supported by valid tax
invoices and an e-way bill. During transit, a change in the transporting
vehicle occurred after generation of the e-way bill, resulting in a mismatch of
the vehicle number mentioned in the e-way bill vis-à-vis the actual vehicle
used. Apart from this discrepancy, all statutory documents were valid, and tax
liability had already been duly discharged.
The tax
authorities detained the goods and imposed penalty proceedings on the premise
of alleged tax evasion. The petitioner contended that the error was purely
clerical and unintentional, with no element of fraud, suppression, or intent to
evade tax.
The High
Court observed that a mere clerical or typographical error in documents,
without any supporting material to indicate deliberate tax evasion, cannot
automatically lead to penal consequences. The Court emphasized that when
the alleged violation is only technical in nature, the initial burden lies on
the department to demonstrate intent to evade tax.
The Court
further held that the existence of mens rea is a necessary prerequisite for
imposition of penalty under Section 129, particularly where the movement of
goods is otherwise supported by genuine documentation and there is no revenue
loss to the State. In the absence of any evidence establishing mala fide
intent, the penalty proceedings were held to be unsustainable.
Accordingly,
the Allahabad High Court quashed the impugned penalty orders, reaffirming that clerical
mistakes alone cannot be equated with tax evasion, and enforcement powers
under GST must be exercised in a reasonable and proportionate manner.
SOURCE LINK- https://www.mytaxexpert.co.in/uploads/1768213175_IndeutschIndustriesPvt.Ltd.v.StateofU.P.2024.pdf
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