Proceedings under Section 130 of the CGST Act cannot be put to service if excess stock is found at the time of survey
The Hon’ble Allahabad High Court in the case Vijay Trading Company set aside order passed under Section 130 under the CGST Act following the determination of excess stock in inspection and directed the determination of tax on Section 73/74 of the CGST Act. As intent to evade tax must be present for the application of Section 130 of CGST Act.
