Deciding two connected writ petitions arising from a common Industrial Tribunal Award, the Delhi High Court set aside the Tribunal's direction granting hotel workmen a further…
Mere Absence of Activity at Principal Place Does Not Prove Fake Invoice or Lack of Goods Ownership:...
The Allahabad High Court has clarified that the mere absence of activity at a principal business place does not prove a fake invoice or lack of goods ownership under GST. The court ruled in favor of a petitioner, stating that physical inactivity at a business premises, or reliance on digital communication, cannot automatically justify penal action or deny ownership, especially when valid invoices and documents accompany the consignment. The court emphasized that the purpose of Section 129 of the CGST Act is to regulate goods movement, not to penalize for technicalities without concrete evidence of fraud or evasion. This judgment provides significant relief to businesses, stressing procedural fairness over presumptive guilt.