Penalty proceedings under Section 130 of the CGST Act cannot be initiated if excess stock was found
Last updated: 19 November 2025
Court :
Allahabad High Court
Brief :
The Hon'ble Allahabad High Court in the case of PP Polyplast (P.) Ltd. v. Additional Commissioner Grade 2 [Writ Tax No. 1183 of 2024 dated July 30, 2024] allowed the writ petition and held that no penalty proceedings under Section 130 of the Central Goods and Services Tax Act, 2017 ("the CGST Act") is maintainable on the ground of excess stock. It was further stated that the proceedings relating to Section 73/74 should be initiated if prima facie view arises that excess stock was found.
Citation :
Writ Tax No. 1183 of 2024 dated July 30, 2024
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Bimal Jain
Published in GST
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