In M/s
Janta Machine Tools v. State of Uttar Pradesh & Others, the Allahabad
High Court examined the legality of confiscation and penalty proceedings
initiated under Section 130 of the GST Act solely on the basis of excess stock
found during a survey.
The
petitioner, a partnership firm engaged in the purchase and sale of machinery,
machinery parts, and hardware goods, was subjected to a search at its business
premises on 4 May 2022. Following the survey, the authorities initiated
proceedings under Section 130 read with Section 122 of the CGST/UPGST Act,
proposing tax, penalty, and confiscation fine of equal amounts. Despite the
petitioner submitting a reply, an adverse order was passed, which was partly
modified in appeal, leaving a substantial demand confirmed against the
petitioner.
The
principal contention raised before the High Court was that initiation of
proceedings under Section 130 was legally impermissible in cases where excess
stock alone is detected during a survey. It was argued that even assuming the
existence of excess stock, the statutory framework mandates that the tax
liability must be determined only by invoking Sections 73 or 74 of the GST
Act, and not through confiscation provisions. Reliance was placed on the
decision in S/s Dinesh Kumar Pradeep Kumar v. Additional Commissioner
Grade-2, which had since been affirmed by the Supreme Court.
The Court
observed that the legal position on the issue stood conclusively settled. It
reiterated that Section 35(6) of the Act permits unaccounted goods to be
treated as deemed supplies; however, the quantification of tax and imposition
of penalty must strictly adhere to the procedure prescribed under Sections 73
or 74. Confiscation under Section 130 can be invoked only in circumstances
expressly contemplated by the statute and not merely because excess stock is
found during a survey.
Reaffirming
the principles laid down in Metenere Limited, Shree Om Steels,
and Maa Mahamaya Alloys Pvt. Ltd., the Court held that confiscation
proceedings based solely on survey findings, without establishing intent to
evade tax or following the statutory mechanism for tax determination, are
legally unsustainable.
Accordingly,
the Allahabad High Court quashed the impugned orders passed by the authorities
and allowed the writ petition. The Court further directed that any amount
deposited by the petitioner pursuant to the impugned proceedings be refunded in
accordance with law.
This
judgment once again underscores that GST authorities must operate strictly
within the contours of the Act and cannot bypass Sections 73 and 74 by directly
invoking confiscatory provisions under Section 130.
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