๐๐ ๐๐ฎ๐ฃ๐๐ซ๐๐ญ: ๐๐๐ฆ๐๐ง๐๐ฌ ๐๐จ๐ซ ๐๐ ๐ง๐จ๐ฏ๐จ ๐จ๐ซ๐๐๐ซ ๐จ๐ง ๐ข๐ง๐ญ๐๐ซ๐๐ฌ๐ญ, ๐ฉ๐๐ง๐๐ฅ๐ญ๐ฒ ๐จ๐ฏ๐๐ซ โ๐ข๐ง๐๐จ๐ซ๐ซ๐๐๐ญโ ๐-๐ฐ๐๐ฒ ๐๐ข๐ฅ๐ฅ ๐๐๐ญ๐๐ข๐ฅ๐ฌ
๐๐๐๐ ๐๐ญ๐. ๐๐ฌ. ๐๐ญ๐๐ญ๐ ๐จ๐ ๐๐ฎ๐ฃ๐๐ซ๐๐ญ & ๐๐ง๐ซ.
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๐๐๐ญ๐ฌ ๐จ๐ ๐ญ๐ก๐ ๐๐๐ฌ๐
The case involves the movement of goods from the head office to another establishment of CEAT Ltd.
๐๐๐๐ฌ๐จ๐ง ๐๐จ๐ซ ๐๐ง๐ญ๐๐ซ๐๐ฌ๐ญ ๐๐ง๐ ๐๐๐ง๐๐ฅ๐ญ๐ฒ:
โช๏ธInterest and penalty were levied due to alleged incorrect details in Part B of the E-way bill.
โช๏ธThe Revenue emphasized a breach of Rule 138 of the CGST Rules.
Assessee's Assertion:
The assessee explained the procedural lapse in Part B of the E-way bill and corrected the actual date upon being pointed out.
๐๐จ๐ฎ๐ซ๐ญ ๐๐ฎ๐๐ ๐๐ฆ๐๐ง๐ญ
โช๏ธThe Gujarat High Court set aside the order of levy of interest and penalty due to the absence of assigned reasons for the same.
โช๏ธThe court referenced the dicta in the cases of Varun Beverages, Dhabriya Polywood, and others, noting that no reasons were assigned for levying interest and penalty in the orders of levy of interest in MOV-09 as well as the appellate order.
โช๏ธThe High Court remanded the matter back to the Department to pass a de novo order after giving the assessee an opportunity for a hearing.
In a relief to companies, CBIC clarifies taxability on corporate guarantee
