considered as minor error
Case Title | Greenlights Power Solutions vs State Tax Officer Kerala & Others. |
Court | Kerala High Court |
Honorable Judges | Justice Bechu Kurian |
Citation | 2022 (4) GSTPanacea 322 HC Kerala WP (C) No. 7716 of 2021 |
Judgement Date | 06-April-2022 |
Council for Petitioner | Gigimon Issac |
Council for Respondent | M.M.Jasmin |
Section | Section 129 of the CGST Act |
In Favour of | In Favour of Assesses |
The Kerala High Court bench of Justice Bechu Kurian has held that discrepancy the discrepancy pointed out is only on the date of invoice which is shown as 03.02.2021 while that shown in the e-way bill was 02.03.2021 and all other details had no Thus the error noticed is insignificant and not of any consequence for invoking the power conferred under section 129 of the Act to impose tax and penalty.
FACTS OF THE CASE
Petitioner seeks a direction to release the bank guarantee furnished by it after finding that the detention of goods under section 129 of the Central Goods and Service Tax Act, 2017 (for short the Act), is illegal Through an amendment, petitioner has challenged the final order under section 129(3) issued in Form MOV-09, imposing a tax of Rs.27,540/- and an equivalent amount as penalty Petitioner has a valid GST registration and carries on the business in electrical contract works. It is pleaded that, in connection with the work of a hospital at Assam, some goods were transported through a vehicle after paying the required tax. During the course of transportation from Ernakulam, the goods were intercepted by the first respondent, who detained the goods under section 129 of the Act on noticing an irregularity in the e-way bill. Though the goods were being transported on 02-03-2021 (2nd March, 2021) the invoice mentioned the date as 03.02.2021 (3rd February, 2021). There was thus a discrepancy in the date on the invoice. According to the petitioner, the error occurred due to the default computer formatting system. Instead of day-month-year (dd-mm-yyyy) formatting for the Indian system, the computer-generated bill provided for a month-day-year (mm-dd-yyyy) format. As a result, instead of 02-03-2021, the invoice bill mentioned the date as 03-02-2021. Due to the irregularity in the invoice, the goods were detained and tax and penalty was demanded. Petitioner pleaded that since the goods were required urgently, petitioner was compelled to obtain release of the goods by furnishing bank guarantee and according to the petitioner, unless the bank guarantee is released, petitioner would be put to great prejudice It was submitted that the default formatting system in the computer which generated the invoice as “mm-ddyyyy” instead of the format adopted in India as “dd-mm-yyyy” was the cause of mistake and that for such an inconsequential and minor mistake, petitioner ought not to be subjected to such huge liabilities
considered as minor error
COURT HELD
Considering the facts as recorded, held that the merits of the contention raised by the petitioner can be considered, despite the availability of alternativ remedy.The discrepancy pointed out is only on the date of invoice which is shown as 03.02.2021 while that shown in the e-way bill was 02.03.2021. All other details in the invoice and the e-way bill including the nature of goods transported, the details of consignor and consignee, the GSTIN of supplier and recipient, place of delivery, invoice number, value of goods, HSN code, vehicle number etc. tallied and had no discrepancy. Thus the error noticed is insignificant and not of any consequence for invoking the power conferred under section 129 of the Act to impose tax and penalty In view of the above, the imposition of tax and penalty upon the petitioner to the extent imposed in Ext.P6 is perverse and illegal, warranting interference under Article 226 of the Constitution of India
considered as minor error
ANALYSIS OF THE JUDGEMENT
The analysis of the six instances of the circular reveals those discrepancies which have no bearing on tax liability and are caused on account of bonafide mistakes like typographical errors, or otherwise are regarded as minor discrepancies. Based on representations received pointing out the imposition of penalty even in cases of minor discrepancies in the invoice/e-way bill etc. and despite the absence of major irregularities in those documents, the Central Board of Direct Taxes and Customs, by virtue of the powers conferred under section 168 of the Act. Hence court quash order and direct the first respondent to reconsider the same in the light of the Circular and the observations in this Judgment and issue fresh orders, after granting an opportunity of hearing to the petitioner, within thirty days of the date of receipt of the copy of this Judgment.
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