Hello Experts please help
I have send goods for Rs.8 Lakhs + GST for packing purpose from Kerala to Delhi in 2 Delivery Challans, Total Rs.9 Lakhs each with E-way Bill. Service provider is an URD. His address given correctly in DC & E-way Bill but name given is incorrect. Now Enforcement officer in UP had held my goods saying this is actually outward taxable supply and hence is demanding Rs.3Lakhs as Tax & rest as bribe or He is saying to pay Rs.18 Lakhs as Tax & penalty u/s.130. How do i defend?
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GST Penalty Sec 130
Replies (1)
You have a strong case because your documentation (Delivery Challan and E-way bill) supports a stock transfer, and the incorrect name is a clerical error covered by CBIC Circular No. 64/38/2018-GST, which explicitly protects against Section 130 proceedings for such minor lapses. You should file a formal written response citing this circular and challenge the attempt to reclassify a stock transfer as a taxable supply, while seeking legal counsel to prevent the illegal invocation of Section 130.
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