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GST - Highlights / Catch Notes

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Excess stock found during survey triggers proceedings u/ss 73/74 ...


Tax evasion suspected due to excess stock found in survey, proceedings initiated under GST Act sections 73/74.

Case Laws     GST

October 28, 2024

Excess stock found during survey triggers proceedings u/ss 73/74 of the GST Act, not Section 130. The authority noted excess stock by eye estimation without physical verification or video recording. The High Court held that if excess stock is found, proceedings u/ss 73/74 should be initiated, not Section 130 read with Rule 120. The impugned orders initiating proceedings u/s 130 were quashed as legally unsustainable when excess stock was found during the survey.

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