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    Excess stock found during survey: Navigating the Intricacies of UPGST / CGST Act and Invoking Wrong ...
    Excess Stock Findings: Invoking Sections 73 and 74 of UPGST Act, Not Section 130
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    Case LawsGST
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    Determination of tax on unaccounted stock must proceed under Sections 73 and 74, not Section 130.
    The Court held that tax determination for excess or unaccounted stock discovered in a survey must proceed under the statutory assessment procedures for undisclosed goods rather than by invoking the survey provision. The assessment code prescribes the exclusive mechanism for quantifying and demanding tax, and survey powers cannot be used to supplant the prescribed steps for computation, notice and imposition of tax or penalty on unaccounted goods.
    Case LawsGST
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    Deemed supply from unaccounted stock: tax liability must be determined through assessment procedures, not survey provisions.
    Excess or unaccounted stock discovered during a survey constitutes a deemed supply for tax purposes, but the determination and quantification of tax liability on such deemed supply must be effected through the statutory assessment procedure; invoking the survey-specific provision as the primary basis for separate proceedings is inconsistent with the statutory scheme.

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      ActsIncome Tax