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2024 (3) TMI 1272 - MADRAS HIGH COURTShort payment of GST on unreconciled sales turnover - non-reversal of Input Tax Credit (ITC) on account of rejection - reversal of ITC as regards the disparity between the GSTR 3B and GSTR 2A returns - short payment of GST on unreconciled sales turnover as declared in Form GSTR 3B - non reversal of ITC on account of rejection of goods received as inputs - HELD THAT:- The impugned order warrants interference albeit by putting the petitioner on terms. By taking note of the heads of tax demand in the impugned order and the submissions made in respect thereof, it is found that a liability of Rs. 64,34,49,053/- was imposed merely on the finding that the petitioner was lethargic in rectifying the error committed while filing the GSTR 3B returns. If this amount is excluded and some allowance is made for the ITC reversal against the head relating to excess availment of ITC, the remittance of a sum of Rs. 5 crore as a condition for remand would safeguard revenue interest pending adjudication of remanded proceedings since it would be equivalent to approximately 10% of the remaining disputed tax demand. The impugned order dated 21.12.2023 is quashed and the matter is remanded for reconsideration subject to the condition that the petitioner remits a sum of Rs. 5 crore towards the disputed tax demand within a period of three weeks from the date of receipt of a copy of this order. Subject to being satisfied that the said sum of Rs. 5 crore was received, the assessing officer is directed to provide a reasonable opportunity to the petitioner, including a personal hearing, and thereafter issue a fresh order within three months from the date of receipt of the above amount. Petition disposed off.
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