Commercial vehicle depreciation, scientifically determined warranty provisions and exempt-income disallowances were resolved in favour of the taxpayer...
Inherited property sale proceeds require capital-gains treatment where ownership is supported by evidence, not suspicion or unverified signature doubt...
Cross-examination of retracted statements is essential where foundational evidence supports a benami allegation and documented funding explanations re...
Capital-goods exemption covers plant-modernisation accessories, while the import restriction applies only to earlier capital-goods components and spar...
Constitutional judicial review permits challenges to ECIRs and connected money-laundering proceedings where coercive action affects fundamental intere...
The HC held that initiation of proceedings under section 130 of the GST Act is impermissible where excess stock is found during a survey. Instead, proceedings must be initiated under sections 73 or 74 of the GST Act for tax recovery. The Court emphasized that the law consistently mandates the use of sections 73/74 in such cases, rejecting invocation of section 130 read with the relevant rules. Consequently, the impugned orders passed by the Deputy Commissioner and Additional Commissioner were quashed as unsustainable in law. The petition was allowed, clarifying that assessment and recovery in cases of excess stock found during survey must proceed exclusively under sections 73/74, not section 130.
The HC held that initiation of proceedings under section 130 of the GST Act is impermissible where excess stock is found during a survey. Instead, proceedings must be initiated under sections 73 or 74 of the GST Act for tax recovery. The Court emphasized that the law consistently mandates the use of sections 73/74 in such cases, rejecting invocation of section 130 read with the relevant rules. Consequently, the impugned orders passed by the Deputy Commissioner and Additional Commissioner were quashed as unsustainable in law. The petition was allowed, clarifying that assessment and recovery in cases of excess stock found during survey must proceed exclusively under sections 73/74, not section 130.
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