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Statutory transfer formalities invalidated alleged share and property transfers, while retrospective record manipulation constituted oppression and mi...
Provisional attachment of laundered funds and equivalent-value property sustained, with statutory protection limited to pension, gratuity and providen...
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.
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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