High Court says minor mistake in e-way bill vehicle number won't incur penalty.
05 Jun, 2024
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Background:
- The company was transporting goods from Agra to Mathura with a proper delivery challan, e-way bill, and bilty.
- During transit, authorities stopped the vehicle due to a mistake in the e-way bill.
- The e-way bill listed the wrong vehicle number (UP 80 CT 7024) instead of the actual vehicle number (UP 83 CT 2724).
Company's Argument:
- The company argued it was a simple human error and did not intend to evade taxes.
- They cited previous court decisions supporting a lenient approach for minor discrepancies in e-way bill details.
Government's Argument:
- The government argued the significant difference in vehicle numbers couldn't be ignored.
- They emphasized a department circular allowing corrections for only one or two-digit mistakes.
Court's Decision:
- The court sided with the company, considering it a minor discrepancy.
- The court found no evidence of tax evasion intent and highlighted the lack of additional incriminating evidence from the government.
- Citing the absence of tax evasion intent, the court quashed both the penalty order and the appellate order.
Topic-BMR Enterprises Versus State of UP
Citation-2024 TAXONATION 1037 (ALLAHABAD)
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