Eway Bill part B, Vehicle No not Changed, Penalty Paid, But How to Appeal

Eway Bill 1397 views 7 replies

Yash Goyal

Accountant Businessmen

209 Points Joined July 2017

I as a Buyer, Purchased Goods from Gurugram, Material booked through Transport for Part Distance, and for remaining distance I arranged my Self vehicle.

Matter : While bringing Material from Transport to My Shop through my Personal Vehicle, the number of Vehicle was not updated in Eway Bill Part B and Vehicle checked by Tax Department and raised penalty, as Vehicle Number was not shown in the EwayBill, which was paid my me to release vehicle.

Question : Whether I can appeal for the Penalty and ask Department to paid back the penalty.? 2. I was unable to update the Part B, as Eway Bill Portal shows, "EWB not assigned to you or Generated by You"

Please Help me !!

Replies (7)

kl Bhavana

Student CA Final

417 Points Joined July 2013

Hi Yash,
During transhipment the transporter has to update the bew vehicle number in E-Way bill. Since itge new vehicle number is not available on the Eway bill, penalty has to be paid.
Thanks,
Bhavana CA

Yash Goyal

Accountant Businessmen

209 Points Joined July 2017

Thanks for Reply.

Yes, the responsibility to Update the Vehicle Details is of Transporter, not me. So the Liability of Penalty is upon Transporter only, How Can I Appeal for my refund.

kl Bhavana

Student CA Final

417 Points Joined July 2013

I can understand your concern Yash, Can you tell me if the distance between transport office and your shop is less than 50kms and is it within the same state?

Yash Goyal

Accountant Businessmen

209 Points Joined July 2017

Distance is Around 70 km and in same state.

kl Bhavana

Student CA Final

417 Points Joined July 2013

In that case, E way bill has to be updated with details of vehicles.

Yash Goyal

Accountant Businessmen

209 Points Joined July 2017

That's the rule, but now we paid the Penalty and wants to refund that Penalty amount. That could be possible through Appeal ? and on what ground we can appeal so that the Authority may not doubt in processing Penalty Back.

Praveen M R

13 Points Joined July 2022

@ Yash you can appeal with the higher authorities for getting back the penalty. The onus will be on you to proove that there was sufficient cause for non updation of eway bill and it was only a procedural lapse. If we are able to prove that there was no intent of evasion of taxes then there is a good chance that you will get back the amount paid to the Government.

We have recently represented a case in Bangalore and got a favourable order.

Regards

CA Praveen M R

ca.praveen @ prsrglobal.com