May 24, 2019

No Detention and seizure of goods for minor mistake in eway bill

Sec 129 provide for detention and seizure of goods and conveyances and their release on the payment of requisite tax and penalty in cases where such goods are transported in contravention of the provisions of the CGST Act or the rules made thereunder. Now, for minor mistake in eway bill, action under section 129 will not be taken.

It has been informed that proceedings under section 129 of the CGST Act are being initiated for every mistake in the documents.

It is clarified that in case a consignment of goods is accompanied by an invoice or any other specified document and not an e-way bill, proceedings under section 129 of the CGST Act may be initiated.

In case a consignment of goods is accompanied with an invoice or any other specified document and also an e-way bill, proceedings under section 129 of the CGST Act may not be initiated, inter alia, in the following situations: Spelling mistakes in the name of the consignor or the consignee but the GSTIN, wherever applicable, is correct;
Error in the pin-code but the address of the consignor and the consignee mentioned is correct, subject to the condition that the error in the PIN code should not have the effect of increasing the validity period of the e-way bill;
Error in the address of the consignee to the extent that the locality and other details of the consignee are correct;
Error in one or two digits of the document number mentioned in the e-way bill;
Error in 4 or 6 digit level of HSN where the first 2 digits of HSN are correct and the rate of tax mentioned is correct;
Error in one or two digits/characters of the vehicle number.

Penalties

Penalty to the tune of Rs. 500/- each under section 125 of the CGST Act and the respective State GST Act should be imposed (Rs.1000/- under the IGST Act) in FORM GST DRC-07 for every consignment.

DISCLAIMER: The views expressed are strictly of the author and VJM & Associates LLP. The contents of this article are solely for informational purpose. It does not constitute professional advice or recommendation of firm. Neither the author nor firm and its affiliates accepts any liabilities for any loss or damage of any kind arising out of any information in this article nor for any actions taken in reliance thereon.

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