GST Appellate Tribunal, Ernakulam16 September 2026

GMG Electric v. Commissioner of State Tax

For assessee

APPEAL NO. APL/33/ERN/2026

The ruling in brief

Where appellant's goods and conveyance were detained for expired e-way bills and notice proposing penalty was issued but final order confirming demand was passed 445 days later, contravening statutory seven-day period, such a delay rendered penalty order void ab initio and a nullity in law, requiring consequential relief to appellant

Provisions considered

Section 129, read with section 169, of Central Goods and Services Tax Act, 2017/Kerala State Goods and Services Tax Act, 2017

This summary is for general information and is not legal advice. Read the full decision and the applicable law before relying on it.

The ruling in brief

Related rulings

GSTAT Bengaluru28 Sept 2026

For assessee

JSW Steel Coated Products Ltd. v. State GST Karnataka

Where consignor's goods were detained solely for e-way bill expiry due to a software error misreading destination, though all documents including correct invoices and lorry receipt were available, tax was charged and physical verification revealed no discrepancies or intent to evade, invoking detention and penalty under section 129 for this procedural lapse was invalid and demands were unsustainable

Allahabad High Court22 Sept 2026

For assessee

v. State of U.P

Where goods in transit were detained solely for expiry of e-way bill validity due to mechanical breakdown, driver change and transporter lapse during lockdown, with no discrepancy in invoice, builty or tax and absence of intent to evade, such mere expiry did not justify levy of tax or penalty and impugned orders were quashed with refund per law

GSTAT Bengaluru16 Sept 2026

For revenue

Heramb Enterprises v. C Pushpalatha, Additional Commissioner of Commercial Taxes

Where goods were intercepted while being unloaded at third-party premises without valid invoice or e-way bill covering such movement and fresh e-way bill was generated only post-interception without evidence of technical glitch, conduct indicated intent to evade tax and absence of mandatory documents during transit amounted to wilful contravention, justifying imposition of penalty under detention provisions

GMG Electric v. Commissioner of State Tax

The ruling in brief

Provisions considered

GMG Electric v. Commissioner of State Tax

The ruling in brief

Provisions considered

Read the full analysis

JSW Steel Coated Products Ltd. v. State GST Karnataka

v. State of U.P

Heramb Enterprises v. C Pushpalatha, Additional Commissioner of Commercial Taxes

Read the full analysis