SC dismisses Revenue's SL Pagainst Allahabad HC judgment affirming no penalty order u/s 130 of the CGST Act for stock discrepancies found during surveys


Last updated: 09 October 2025

Court :
Supreme Court of India

Brief :
The Hon'ble Supreme Court in the case of Additional Commissioner Grade-2 & Another v. Dayal Product [Special Leave Petition (Civil) Diary No. 44119/2025, order dated September 01, 2025] held that where a stock discrepancy is discovered during the survey of a registered dealer, the initiation of confiscation and penalty proceedings under Section 130 of the GST Act is unsustainable. Such issues must be addressed through assessment and recovery proceedings under Sections 73 or 74. The SLP against the Allahabad High Court's judgment was dismissed, thereby upholding the High Court's view.

Citation :
Special Leave Petition (Civil) Diary No. 44119/2025, order dated September 01, 2025

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Bimal Jain
Published in GST
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