Confiscation Proceedings under Section 130 cannot be initiated for allegations regarding excess stock


Last updated: 05 October 2024

Court :
Allahabad High Court

Brief :
The Hon'ble Allahabad High Court in the case of Shree Om Steels v. Additional Commissioner and Ors. [Writ Tax No. 1007 of 2022 dated July 19, 2024], allowed the writ petition and held that confiscation proceedings under Section 130 of the Central Goods and Services Tax Act ("the CGST Act") cannot be initiated for excess stock solely based on survey, as the tax demand must be quantified under Section 73 or 74 of the CGST Act.

Citation :
Writ Tax No. 1007 of 2022 dated July 19, 2024

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Bimal Jain
Published in GST
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