"MISTAKES OR DISCREPANCIES IN E WAY BILL"

"MISTAKES OR DISCREPANCIES IN E WAY BILL"

To err is Human.

But GST Department's Mobile Squad rarely agrees on this and in few cases they have levied penalties on simple clerical errors or mistakes.

Let's see what various High Courts have opined in such cases.

1. Allahabad High Court

1.1 Indeutsch Industries Pvt. Ltd.

Where there exists clerical or typographical error in documents such as e-way bill, initial burden of proof lies on Revenue department to demonstrate intention to evade tax; penalties should be imposed

only in cases of intentional tax evasion, not on inadvertent errors.

1.2 Anchor Health and Beauty Care Pvt. Ltd.

Where goods of assessee being transported from one branch to another were intercepted and penalty and tax was imposed on ground that

there was a mismatch in e-way bill and tax invoice, mere discrepancy in date in e-way bill and branch transfer invoice would not lead to evasion of tax, thus penalty and tax were not leviable.

1.3 Vacmet India Ltd.

Non-filing up of Part-B of e-way bill was a mistake on part of transporter and upon realizing said mistake assessee promptly updated e-way bill.

Goods in transit being a stock transfer were not liable for payment of tax.

1.4 Varun Beverages Ltd.

Minor discrepancy in description of vehicle in e-way bill could not attract proceedings for detention of goods and levy of penalty where there was no intention on part of dealer to evade tax.

2. Madras High Court

2.1 Ganesh Engineering

Where assessee had inadvertently generated two E-way bills for same invoice and demand including interest and penalty was issued to assessee, assessee was to be granted liberty to prefer appeal on payment of 15% of disputed tax amount.

3. Madhya Pradesh High Court

3.1 Create Consults

Where entire details of courier receipt were correctly mentioned in E-Way Bill system except for description of generator of E-Way Bill, orders under Section 129 of CGST Act was to be quashed

with liberty to Authority to consider case for imposition of minor penalty treating mistake to be clerical mistake.

4. Kerala High Court

4.1 ABCO Trades P L

Whereas E-Way Bill accompanying Lubricant oil being transported showed consignee as unregistered person, Invoice had mentioned GSTN No of consignee

Further delivery challan wrongly showed GST payment whereas it was a case of stock transfer

These reasons are insignificant and insufficient for detention - Goods and Vehicle directed to be released forthwith.

Hope you will find this useful.

Thanks

Abhishek Raja Ram