2024 (12) TMI 142 - HC - GST

Challenge to impugned order - Excess Input Tax Credit (ITC) claimed on account of non-reconciliation of information - ITC claimed from cancelled dealers, return defaulters and tax non-payers - HELD THAT - The petitioner is ready and willing to pay 10% of the disputed tax and that they may be granted one final opportunity before the adjudicating authority to put forth their objections to the proposal, to which the learned Additional Government Pleader appearing for the respondent does not have any serious objection. The impugned order dated 09.08.2024 is set aside and the petitioner shall deposit 10% of the disputed tax within a period of four weeks from the date of receipt of a copy of this order. On complying with the above condition, the impugned order of assessment shall be treated as show cause notice and the petitioner shall submit its objections within a period of four weeks from the date of receipt of a copy of this order along with supporting documents/material - Petition disposed off.

Summary

The High Court of Madras set aside the impugned order related to assessment year 2019-20, directing the petitioner to deposit 10% of disputed tax within four weeks. The petitioner can then submit objections with supporting documents, and the respondent will pass orders after a hearing. Failure to comply will result in restoration of the impugned order. The writ petition was disposed of with no costs.