Condonation of delay permits statutory appeal restoration where inadequate service explanation prevented consideration of reassessment and taxable-inc...
Limitation in customs appeals permits exclusion for bona fide refund proceedings, enabling restoration of Bill of Entry assessment challenges on merit...
Warehousing permission requires deposit at the designated bonded warehouse; unauthorised diversion triggers confiscation, redemption fine and importer...
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The HC allowed the petition and quashed the impugned orders dated 29.05.2024 (respondent no.2) and 21.10.2023 (respondent no.3), holding that initiation of proceedings under section 130 read with section 122 of the GST Act is impermissible where excess stock is discovered during survey and proceedings under sections 73/74 have already been initiated. The court applied binding precedent affirmed by the SC, concluding that section 130 proceedings cannot be invoked to convert survey-discovered excess stock into a separate penal or adjudicatory process. Consequently, all consequential actions premised on the impugned orders were set aside and the petition was allowed.
The HC allowed the petition and quashed the impugned orders dated 29.05.2024 (respondent no.2) and 21.10.2023 (respondent no.3), holding that initiation of proceedings under section 130 read with section 122 of the GST Act is impermissible where excess stock is discovered during survey and proceedings under sections 73/74 have already been initiated. The court applied binding precedent affirmed by the SC, concluding that section 130 proceedings cannot be invoked to convert survey-discovered excess stock into a separate penal or adjudicatory process. Consequently, all consequential actions premised on the impugned orders were set aside and the petition was allowed.
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