HC dismissed the writ petition challenging seizure of ...

Seizure of Mentha Oil Upheld: GST Act Sections 35, 73/74 Govern Accounting Discrepancies and Tax Determination

May 22, 2025

Case Laws GST HC

HC dismissed the writ petition challenging seizure of unaccounted mentha oil and caustic soda. The court held that under GST Act, section 35 mandates proper accounting of goods, and when discrepancies are found, sections 73/74 shall apply for tax determination. Section 130 cannot be invoked for proceedings related to excess stock discovered during survey. Precedents from previous judgments, including the court's own ruling in M/s Vijay Trading Company and subsequent SC orders, consistently affirmed that section 130 is inapplicable in such scenarios. The court found no merit in the challenge and dismissed the petition, upholding the original seizure and penalty orders.

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HC dismissed the writ petition challenging seizure of ...

Seizure of Mentha Oil Upheld: GST Act Sections 35, 73/74 Govern Accounting Discrepancies and Tax Determination

May 22, 2025

Case Laws GST HC

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