No Penalty if Assessee was bonafide and E-way bill gets expired during transit

Last updated: 10 July 2023
Quick Summary
The Calcutta High Court has ruled that a penalty cannot be imposed on a taxpayer if their e-way bill expires during transit, provided they acted in good faith. In this case, the goods arrived on time but were delayed due to a closed stockyard and a national holiday, leading to the e-way bill's expiry. The court found no wilful misconduct and set aside the penalty, ordering a refund.

Court :
Calcutta High Court

Brief :
The Hon'ble Calcutta High Court in Perfect Enterprise v. State of West Bengal [W.P.A. No. 532 of 2023 dated June 15, 2023] set aside the penalty order passed by the Adjudicating Authority which was later upheld by the Appellate Authority and opined that, there is no penalty on the bonafide assessee if e-way bill gets expired while transporting goods.

Citation :
W.P.A. No. 532 of 2023 dated June 15, 2023

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Bimal Jain
Published in GST
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