Proceedings under Section 130 of the CGST Act cannot be put to service if excess stock is found at the time of survey
Last updated: 03 December 2024
Court :
Allahabad High Court
Brief :
The Hon'ble Allahabad High Court in the case Vijay Trading Company v. Additional Commissioner[Writ Tax No. 1278 of 2024 dated August 20, 2024]set aside order passed under Section 130 under Central Goods and Services Tax Act, 2017 ("the CGST Act") following the determination of excess stock in inspection and directed the determination of tax on Section 73/74 of the CGST Act. As intent to evade tax must be present for the application of Section 130 of CGST Act.
Citation :
Writ Tax No. 1278 of 2024 dated August 20, 2024
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Bimal Jain
Published in GST
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