Raja Abhishek For NIRC 2024
about 2 months ago
š° šš¹š¹š®šµš®šÆš®š± šš¶š“šµ šš¼ššæš š„šš¹š¶š»š“: š”š¼ šš»šš²šæ-š¦šš®šš² š-šŖš®š šš¶š¹š¹ š„š²š¾šš¶šæš²š± š³š¼šæ š§šæš®š»šš¶š šŖš¶ššµš¶š» š š®š±šµšš® š£šæš®š±š²ššµ š¢ šš¼ššæšāš š¦šš®šš²šŗš²š»š: "Goods in transit from one location to another within Madhya Pradesh, briefly passing through Uttar Pradesh, are not considered inter-state for the purpose of e-way bill requirements."
š šš®š°šš: ā¢ šš®šš² š§š¶šš¹š²: šš šš²šŗš²š»š ššš±. šš š¦šš®šš² š¼š³ šØššš®šæ š£šæš®š±š²ššµ ā¢ šš¼ššæš: Allahabad High Court ā¢ šš®šš²: 28-August-2023
ššššš²: The goods, originating in Gwalior, Madhya Pradesh, and destined for Panna, Madhya Pradesh, were briefly intercepted in Uttar Pradesh due to the absence of an e-way bill, leading to a penalty.
š£šæš¼š°š²š²š±š¶š»š“š: JK Cement argued that per a Madhya Pradesh notification dated 14-Aug-2018, only certain items required an e-way bill within MP, and their goods were exempt. All other documentation, including tax invoices and goods receipts, was in order. The State of Uttar Pradesh, however, argued that this notification did not apply within UP's jurisdiction.
ā ššš±š“šŗš²š»š: The court sided with JK Cement, holding that since the transport was solely within MP and there was no intent to avoid tax in UP, an inter-state e-way bill was unnecessary. The penalty imposed was ruled invalid, and a refund was ordered within 20 days.
š ššŗš½š¹š¶š°š®šš¶š¼š»š: This ruling clarifies the intra-state nature of goods transit that briefly enters another state without intent to offload. It emphasizes that technical omissions, without tax evasion intent, should not incur penalties, simplifying compliance for similar transit routes. š§š²š®šŗ šš¦š§š½š®š»š®š°š²š® 7503031378
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