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Excess Stock Found in GST Survey Cannot Trigger Confiscation Proceedings: Allahabad HC
Case Law Details
- Case Name
- Vivek Kumar Gupta Proprietor Vs State of Up And 2 Others (Allahabad High Court)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- All High Courts, Allahabad High Court
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Vivek Kumar Gupta Proprietor Vs State of Up And 2 Others (Allahabad High Court)
The writ petition challenges an order dated 07.08.2023 passed by respondent no. 2 under the GST regime. The petitioner, a registered company engaged in the purchase and sale of hardware goods, was subjected to an inspection/search under Section 67 of the GST Act on 29.10.2020. During the inspection conducted by the SIB, the stock was assessed visually, and excess unverified stock was alleged to have been found. Based on this, proceedings under Section 130 read with Section 122 of the GST Act were initiated.
The pet...
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