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Writer's pictureCA Hemant Singhal

Devbhoomi Castings (P) Ltd vs Commissioner State Tax

Case Name: Devbhoomi Castings (P) Ltd vs Commissioner State Tax Appeal Number: 397/2021 Date of Judgement/Order: 09/06/2022 Related Assessment Year: 2021-22


Uttarakhand GST Appellate authority sets aside penalty order under section 129 levied due to expiry of e-way bill. Facts of the case: Movement of goods was completed within the prescribed period of the E-way bill. However, due to the plant being closed on Sunday Vehicle was parked in a nearby Dhaba. E-way bill expired on midnight of Sunday and could not be updated due to poor internet connectivity in the region. Appellate Authority observed that the Honourable Supreme Court of India in the case of AC(ST) & ors. vs. M/s Satyam Papers (P) Ltd. & Anr upheld the Decision of Telangana HC quashing the order of penalty for e way bill expired due to reasons beyond the control of the taxpayer.



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