Sangeeta Jain Vs Union of India

Date: April 21, 2024

Court: High Court
Bench: Allahabad
Type: Writ Petition
Judge(s)/Member(s): Shekhar B. Saraf
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Subject Matter

Non-mention of dispatch address in the invoice is a minor breach not inviting provisions of section 129. Mens rea is essential for imposition of penalty under section 129

Search, Seizure and DetentionPenalty

Summary

The petitioner, a dealer registered in Maharashtra, sold goods to a purchaser in Telangana from a Delhi depot. The goods were intercepted during transit in Uttar Pradesh, and a penalty was imposed under section 129 of the CGST Act due to the non-ment…

FULL TEXT OF THE JUDGMENT/ORDER OF ALLAHABAD HIGH COURT 1. Heard counsel appearing on behalf of the parties. 2. This is a writ petition under Article 226 of the Constitution of India, wherein the petitioner is aggrieved by the order dated December 12, 2022 passed by the respondent No.3/Additional Commissioner, Grade-2 (Appeal)-I, State Tax, Agra and the order dated March 13, 2021 passed by the res…

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