Case Law Details
Ridhi Sidhi Granite And Tiles Vs State of UP And 2 Others (Allahabad High Court)
The case at hand revolves around a writ petition filed under Article 226 of the Indian Constitution, challenging an order passed by the Additional Commissioner, Grade-2 (Appeal)-I, State Goods and Services Tax, NOIDA. The petitioner contested an order dismissing their appeal, citing an error in the E-Way Bill address as the sole issue leading to tax imposition.
Upon thorough examination of the records, it becomes evident that the imposition of tax was solely predicated on a technical error in the E-Way Bill address. The invoice details were accurate, the goods matched the description, and no evidence of tax evasion or mens rea was presented by the authorities.
Legal precedent plays a pivotal role in such cases. As highlighted in various judgments, including M/s Modern Traders v. State of U.P. and others, M/s Galaxy Enterprises v. State of U.P. and others, and Hindustan Herbal Cosmetics v. State of U.P. and others, the presence of mens rea is deemed essential for the imposition of penalties related to tax evasion. Mere technical errors, without evidence of intent to evade taxes, do not warrant penalty imposition.
In light of the legal principles established by previous judgments and the lack of evidence indicating intentional tax evasion, the orders dated September 23, 2023, and April 10, 2021, are deemed unjust. Consequently, the writ petition stands allowed, and the petitioner is entitled to the refund of the deposited amount. This case underscores the significance of mens rea in tax enforcement, ensuring fair treatment and adherence to legal standards in matters of taxation.
Please become a Premium member. If you are already a Premium member, login here to access the full content.
Author Bio
