Stock Transfer Section 129 Penalty Fails

The GSTAT drew a crucial distinction between an e-way bill violation and a Section 129 penalty. While an e-way bill may still be required for movement of goods for reasons other than supply, absence of the e-way bill does not, by itself, create “tax payable” where the movement is not a supply. The appropriate consequence, according to the Tribunal, is under Section 122(1)(xiv), and not Section 129.