Proof of actual diversion is required before GST penalty can override a valid invoice and e-way bill.

Proof of actual diversion is required before GST penalty can override a valid invoice and e-way bill.Case-LawsGSTPenalty under Section 129(3) for alleged diversion of goods requires reliable evidence that the actual movement or delivery contravened GST…

Proof of actual diversion is required before GST penalty can override a valid invoice and e-way bill.
Case-Laws
GST
Penalty under Section 129(3) for alleged diversion of goods requires reliable evidence that the actual movement or delivery contravened GST law, even where valid invoices and e-way bills accompany the consignment. Vehicle proximity to another factory, discrepancies in a transport bilty, and the driver's statement do not, without corroboration, establish delivery to an undeclared recipient where the goods' description and quantity match the accompanying documents. Failure to provide GPS-camera footage relied on adversely may deny a fair opportunity to contest the allegation. The penalty orders were set aside and the penalty quashed.
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