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Transaction value cannot be rejected solely on non-statutory valuation guidelines without corroborative evidence supporting reassessment of final cust...
Cross-examination rights and corroborated evidence limit customs penalties for misdeclaration in genuine import transactions involving documented clea...
Tariff classification of vehicle gear components follows the specific gearing entry, displacing motor-vehicle parts classification and related liabili...
Necessary-party requirements limit impleadment of independent entities, while deferred consideration does not create an appealable adverse determinati...
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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