HC held that when excess stock is discovered during a survey ...

Excess Stock Discovery Under GST: Tax Assessment via Sections 73/74, Not Punitive Section 130

May 9, 2025

Case Laws GST HC

HC held that when excess stock is discovered during a survey under GST Act section 67, proceedings must be initiated under sections 73/74, not section 130. The statutory framework mandates that if a registered dealer fails to account for goods, the Proper Officer shall determine tax liability through sections 73/74. The court emphasized that GST Act is a comprehensive code, and section 130 cannot be invoked when specific provisions exist for addressing undeclared stock. The petitioner's challenge to proceedings was consequently allowed, establishing a clear legal principle that excess stock discovery triggers assessment proceedings rather than punitive actions.

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HC held that when excess stock is discovered during a survey ...

Excess Stock Discovery Under GST: Tax Assessment via Sections 73/74, Not Punitive Section 130

May 9, 2025

Case Laws GST HC

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