Excess Stock found during GTS Survey cannot be confiscated: Allahabad HC

Janta Machine Tools Vs State of U.P. And 2 Others (Allahabad High Court) Recently in case of Janta Machine Tools vs State Of U.P. Allahabad High Court, held that, excess goods were lying in stock, cannot be invoked for the simple reason that the liability to pay the tax arises at the time of point of supply, and not at any point earlier than that. penalty can be levied, only when the department establishes that there were a contravention of the Act and Rules coupled with the ”intent to make payment of tax’. Fact of the case the petitioner is a partnership firm and is engaged in ...