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GST Appellate Authority

No service tax on amount paid to employees deployed from a company outside India

July 25, 2021 3807 Views 0 comment Print

Under the GST regime services of employee to employer is considered as neither supply of goods nor supply of services as per the Schedule III of the Central Goods and Services Tax Act, 2017

Mistake of two digits of vehicle no. in invoice & E-way bill is typographic error

February 14, 2020 25542 Views 0 comment Print

As per the facts in hand it appears that the mistake of two digits while entering vehicle no in invoice and E-way bill is a typographic error and may be treated as a minor one.

E-way bill- Shifting of Goods by other vehicle due to breakdown- Penalty despite vehicle no. updation unsustainable

February 14, 2020 21249 Views 0 comment Print

Integrated Constructive Solutions Vs Vs ACST&E-cum-Proper Officer (GST Appellate Authority, Himachal Pradesh) It appears that there is no dispute regarding quantity of goods and further all concerns documents were placed before the proper officer. It is a fact that the E-way Bill for the material in question was generated at 05:52 pm on 1-11-2018 and […]

Penalty imposed ignoring updated e-way bill is unsustainable

February 14, 2020 1527 Views 0 comment Print

On Dutt S/o Shri Bal Krishan Vs ACST&E-cum-Proper Officer (GST Appellate Authority, Himachal Pradesh) It appears that there is no dispute regarding quantity of goods and further all concerns documents were placed before the proper officer. It is a fact that The E Way bill for the goods in question was generated at 09:43 pm […]

Procedural lapse in E-Way Bil | No Intention to Evade Tax | Penalty Deleted

February 14, 2020 4086 Views 0 comment Print

In Re Om Dutt S/O Shri Bal Krishan (GST Appellate Authority Himachal Pradesh) It appears that there is no dispute regarding quantity of goods and further all concerns documents were placed before the proper officer. It is a fact that The E Way bill for the goods in question was generated at 09:43 pm on […]

Penalty on Goods Transported for repair without proper documents cannot exceed Rs. 10000

February 12, 2020 46752 Views 0 comment Print

Neva plantation Private Limited Vs ACST&E (GST Appellate Authority, Himachal Pradesh) It appears that there is no dispute regarding quantity/quality of goods and further it has been clearly mentioned on the challan that the goods are not for sale only for repair. Since the transaction has no tax implications, the proper office while adjudicating the […]

Penalty not justified for mere expiry of E-Way bill when all other documents in order

February 11, 2020 45834 Views 0 comment Print

Bhushan Power & Steel Limited Vs Asst. Commissioner State Taxes & Excise (GST Appellate Authority Himachal Pradesh) Rule 138(10) says that validity of e-way bill may be extended within 8 hours from the time of its expiry but in the instant cases the vehicle was practically apprehended in almost 08 to 09 hours of the […]

Typographic error in entering distance in E-way bill is minor mistake: HC

February 11, 2020 7989 Views 0 comment Print

Godrej Consumer Products Ltd. Vs ACST&E (GST Appellate Authority, Himachal Pradesh) It is revealed that due to a typographic error while generating E-way bill, the petitioner mentioned approx distance between Puducherry to Himachal Pradesh as 20 Kilometers instead of 2000 Kilometers. As a result, a validity of one day has been calculated by the E-way […]

Minor penalty for Minor mistake in e-way bill: GST Appellate Authority

December 7, 2019 7446 Views 0 comment Print

K.B Enterprises Vs Assistant Commissioner (GST Appellate Authority, Himachal Pradesh) In the view of above discussions I am of considerate opinion that the penalty imposed in the instant case under section 129 was unwarranted. GST Council vide circular No 64/38/2018 dated 14th September, 2018 and the HP circular no. 12-25/2018-19-EXN-GST-(575)-6009-6026 dtd 13th March 2019 valid […]

No penalty for mere clerical error in E way Bill: GST Appellate Authority

October 31, 2019 3282 Views 0 comment Print

Uttarakhand GST Appellate authority set aside penalty order under section 129 for clerical error in e way bill. In the E way bill Inward supply was selected instead of outward supply. Joint Commissioner (Appeal), State Tax, Rudrapur, in light of Circular No.- 64/38/2018; Dated 14-09-2018, quashed the order of Assitant commissioner demanding integrated tax and Penalty of Rs 1,29,915 each under section 129 and instead levied a general penalty of Rs 1,000/- on the Appellant.

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