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Proceedings u/s. 130 of GST Act cannot be initiated for excess stock found during survey: Allahabad HC
Case Law Details
- Case Name
- Vk Electricals Vs Additional Commissioner Grade-2 Appeal-Ii And Another (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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Vk Electricals Vs Additional Commissioner Grade-2 Appeal-Ii And Another (Allahabad High Court)
Allahabad High Court held that in case of excess stock found at the time of survey proceedings u/s. 73/74 of GST Act should be initiated. Accordingly, initiating proceedings u/s. 130 read with rule 120 unsustainable and liable to be quashed.
Facts- The petitioner is a registered Company and is engaged in the business of trading of electrical goods. On 14.9.2018, an inspection/search under section 67 of the GST Act was conducted at the business premises of the petitioner by the SIB an...
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