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Proceedings under section 130 couldn’t be initiated just because excess stock was found during survey: HC
THE HON’BLE ALLAHABAD HIGH COURT IN THE CASE OF PP PolyplastPvt. Ltd. V/s Additional Commissioner Grade 2, State Tax, Uttar Pradesh Writ Tax No. 1183 of 2024, decided on 30-7-2024
👉 Issue:-
✔️ Can proceedings under section 130 be initiated, if excess stock was found at time of survey?
👉 The Hon’ble High Court Judgement:-
✔️ Where proceedings under section 130 could not be put to service, if excess stock was found at time of survey and proceedings were initiated against petitioner-assessee under section 130 on ground that excess stock was found during survey, therefore, impugned order dated 16.04.2024 passed by respondent no. 1-first appellate authority, as well as impugned order dated 08.10.2018 passed by respondent no. 2-second appellate authority could not be sustained in eyes of law and same were quashed.
Section 130 read with Section 67 and read with Rule 120 of Central Goods and Services Tax.
Section 130 – Confiscation of goods or conveyances and levy of penalty
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