The ruling in brief
Where survey at brick kilns revealed excess or unaccounted bricks and coal not recorded in books and persons present failed to produce documents, initiation of confiscation proceedings with penalty and fine under section 130 was impermissible, as proper procedure required tax determination as if supplied under section 35(6) read with sections 73 and 74, rendering confiscation unsustainable
Where excess or unaccounted stock found at respondents' brick kilns led to confiscation and penalty orders, and Commissioner (Appeals) quashed both confiscation and penalty due to lack of legal basis, revenue's appeals confined only to fine could not be sustained in absence of a surviving confiscation, rendering such appeals meritless and not maintainable
Provisions considered
Section 130, read with sections 35, 73 and 74, of Central Goods and Services Tax Act, 2017/Uttar Pradesh Goods and Services Tax Act, 2017; Section 130, read with sections 112, of Central Goods and Services Tax Act, 2017/Uttar Pradesh Goods and Services Tax Act, 2017
This summary is for general information and is not legal advice. Read the full decision and the applicable law before relying on it.