Allahabad HC Deletes Penalty for GST E-Way Bill Errors If No Intent to Evade Tax

The Allahabad High Court in a judgment for the case of Hawkins Cookers Limited Vs State Of U.P. And 2 Others has underscored the principle of equitable and non-intrusive tax collection by government authorities.

In its ruling on February 14, 2020, the Court suppressed a penalty order against Hawkins Cookers Limited, underlining that governments must collect taxes as “a honeybee collects honey via flower without disturbing its petals.”

The same case emphasizes the importance of purpose behind actions, concerning clerical errors in E-Way bills, and forms a precedent for how tax-corresponding penalties must be evaluated and charged.

A Detailed Analysis is Provided: Hawkins Cookers Limited encountered penalties because of clerical errors in the address cited in four out of eight E-Way bills for raw materials transported to its factory.

The mistake originated via the automatic population of the company’s principal place of business in Kanpur instead of the actual destination in Satharia, Jaunpur, during E-Way bill generation.

Even with the presence of correct addresses in all invoices and bilty documents, the penalty was charged under the presumption of tax evasion.

It contended that no tax evasion intention is there from the applicant’s side and must not warrant these penalties. The respondent sees the error as grave and indicative of tax evasion.

Court post verifying the case compared it with precedents and specified that the charge of the penalty in the same case has no foundation since the clerical error did not show any objective to evade the tax.

Read Also: Allahabad HC: Penalty Can’t Be Levied for Typographic Error in GST E-Way Bill

The decision of the court to quash the orders of penalty was informed via the principle that tax collection must be non-disruptive and equitable, similar to the gentle extraction of honey by a honeybee, as famously quoted from the Arthashastra by Chanakya.

Closure

Regarding the treatment of the technical and clerical errors in tax documentation, the Allahabad High Court’s ruling in favour of Hawkins Cookers Limited serves as an influential reminder.

The court while quashing the orders of penalty has reinforced the notion that the objective behind the actions secures an important role in fetching the tax obligations and penalties.

The same judgment furnishes the relief to Hawkins Cookers Limited however directs the businesses on the importance of precise documentation at the time of confirming that the heads charges the penalties in a valid and reasoned way.

Important: Calcutta HC Deletes Penalty, GST E-Way Bill Expired Due to Road Accident

The same shows the role of the judiciary in confirming that the process of tax collection is performed through preciseness and strictness without unduly penalizing the businesses for minor, non-malicious errors.