https://www.taxtmi.com/caselaws?id=757561 Proceedings under Section 130 of the Uttar Pradesh GST Act were held unsustainable where they rested on excess stock found during survey. The Court reiterated that mere discovery of excess stock, including on eye estimation, does not justify invoking confiscation-type proceedings for assessment or determination of tax and penalty. Where the dispute concerns unaccounted goods, tax liability must be quantified through the statutory mechanism under Sections 73 and 74, not by bypassing that procedure through Section 130. The petition was therefore allowed on the facts, and the impugned proceedings failed. en-us Fri, 23 Aug 2024 00:00:00 +0530 Wed, 07 May 2025 18:09:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=757561 Proceedings under Section 130 of the Uttar Pradesh GST Act were held unsustainable where they rested on excess stock found during survey. The Court reiterated that mere discovery of excess stock, including on eye estimation, does not justify invoking confiscation-type proceedings for assessment or determination of tax and penalty. Where the dispute concerns unaccounted goods, tax liability must be quantified through the statutory mechanism under Sections 73 and 74, not by bypassing that procedure through Section 130. The petition was therefore allowed on the facts, and the impugned proceedings failed. Case-Laws GST Fri, 23 Aug 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=757561