ArticleGST Article

Mere Expiry of E-Way Bill Without Intent to Evade Tax Cannot Justify 200% Penalty

The Hon’ble Calcutta High Court in the case of Industrial Pumps & Motors Agencies &Anr. vs. The State of West Bengal & Ors. [WPA 28356 of 2024, order dated April 16, 2026] held that mere expiry of e-way bill, in absence of any intention to evade tax and where transportation documents were otherwise genuine, cannot justify imposition of harsh penalty under Section 129 of the WBGST Act, 2017.

GST ArticlePre-GST

Extended period of demand is unsustainable if there is no malafide intention to evade tax

The CESTAT, New Delhi in the case of Kanoria Energy & Infrastructure Ltd. held that an assessee may genuinely believe that duty is not leviable, while the department may believe that duty is leviable. The assessee may, therefore, not pay duty in the self-assessment carried out by the assessee, but this would not mean that the assessee has wilfully suppressed facts.