Intention To Evade Tax Is Absent, Taxpayer Needs To Be Given Another Chance: Delhi High Court

The division bench of Justice Rajeev Shakdher and Justice Tara Vitasta Ganju has remanded the matter to the respondent to take a fresh decision on the matter, after giving the petitioner due opportunity to produce relevant material and evidence to establish its case.

The petitioner submitted that the e-way bill had expired when the goods were intercepted. The notice on form MOV-07 was issued, along with a proposed tax and penalty demand. The petitioner was given seven days to file a response and to appear before the relevant officer for a hearing on October 7, 2020.

The petitioner paid the amount demanded for tax and penalty on the same date as the notice, i.e., 30.09.2020, because he wanted the goods to arrive at their destination as soon as possible. As a result, the petitioner did not take advantage of the opportunity to demonstrate that the goods could not reach their destination before the e-way bill's validity period expired.

The petitioner explained that since the earlier vehicle had broken down, another vehicle was requisitioned for transporting the goods.

The reason given for the issuance of the show-cause notice was "goods not covered by valid documents". The proposed tax and penalty were also indicated in the show-cause notice.

However, in consonance with the principles of natural justice, the petitioner was accorded 7 days to file a reply with respect to the proposed demand made towards tax and penalty, and to appear before the concerned officer for a hearing on 07.10.2020.

The court directed the concerned officer to bear in mind the provisions of section 126 of the CGST Act, which adverts to omission or mistake in documentation which is easily rectifiable.

The court directed the respondent to issue a notice, in writing, to the petitioner, indicating the date and time when he intends to hear the petitioner and/or his authorized representative, in support of his case.

Case Title: Nirmal Kumar Mahaveer Kumar Versus Commissioner of CGST

Citation: 2022 LiveLaw (Del) 837

Dated: 23.08.2022

Counsel For Petitioner: Advocates Rahul Gupta, Rakesh Kumar

Counsel For Respondent: Sr. Standing Counsel Anurag Ojha

Click Here To Read/Download Order