The ruling in brief
Where goods in transit were detained on suspicion of reuse of invoices and e- way bills based solely on vehicle movement data and photographs, but there was no discrepancy in goods or documents and no cogent evidence of document reuse or evasion, mere suspicion could not justify detention or penalty and burden of proof remained on revenue, thus tax and penalty were not sustainable
Provisions considered
Section 129, read with section 68 of Central Goods and Services Tax Act, 2017/Uttar Pradesh Goods and Services Tax Act, 2017 - Rule 138, read with rule 138A, of Central Goods and Services Tax Rules, 2017/Uttar Pradesh Goods and Services Tax Rules, 2017
This summary is for general information and is not legal advice. Read the full decision and the applicable law before relying on it.