9911796707
TMI BlogGST amount to be adjusted if there is an issue of mismatch in GST Return with Bank StatementX X X X Extracts X X X X X X X X Extracts X X X X ..... GST amount to be adjusted if there is an issue of mismatch in GST Return with Bank Statement - By: - CA Bimal Jain - Goods and Services Tax - GST - Dated:- 12-4-2023 - - The Hon ble Allahabad High Court in VRIDDHI INFRATECH INDIA PVT. LTD. THRU. AUTHORISED SIGNATORY ANNE SANDEEP, PROJECT DIRECTOR VERSUS COMMISSIONER, COMMERCIAL TAX U.P. LUCKNOW AND 2 OTHERS - 2023 (2) TMI 1129 - ALLAHABAD HI ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... GH COURT has set aside the order passed by the Revenue Department, on the grounds, that the Revenue Department and the Appellate Authority have committed the misreading of FORM GSTR-09 filed by the assessee. Directed the Revenue Department to adjust the GST amount deposited by the Petitioner. Facts: Vriddhi Infratech India Pvt. Ltd. ( the Petitioner ) was issued a Notice ( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Notice ) dated June 23, 2020 as per Section 61 of the Central Goods and Services Tax Act, 2017 ( the CGST Act ) claiming that the Petitioner s annual return, filed in the FORM GSTR-09 dated January 30, 2020, showed a turnover of INR 129.52 lakhs, which did not match its bank statement. The Petitioner has challenged the Order-in-Original dated June 4, 2021 ( the OIO ) passed, as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... per Section 61 of the CGST Act and Section 74 of the CGST Act and the Order-in-Appeal ( the OIA ) dated October 26, 2021 on the grounds, that the GST amount which could not be deposited in the Financial Year ( F.Y ) 2017-18, but in June, 2018, to be adjusted in the F.Y 2018-19. The Petitioner contended that, the very basis of the Notice is wrong, as its FORM GSTR-09 . shows the turn ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... over amount of INR 129.52 lakhs with regard to supply made to unregistered persons under the B2C Category and the Revenue Department ( the Respondent ) did not consider the entire form, which at its end shows the total turnover of INR 20,37,13,502.00 lakhs through FORM GSTR-09 . in the F.Y 2017-18. Issue: Whether the Respondent has misread the FORM-GSTR-09 filed by the Petitione ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r? Held: The Hon ble Allahabad High Court in VRIDDHI INFRATECH INDIA PVT. LTD. THRU. AUTHORISED SIGNATORY ANNE SANDEEP, PROJECT DIRECTOR VERSUS COMMISSIONER, COMMERCIAL TAX U.P. LUCKNOW AND 2 OTHERS - 2023 (2) TMI 1129 - ALLAHABAD HIGH COURT held as under: Observed that, the Respondent and the Appellate Authority have committed the misreading of FORM GSTR-09 . Direc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted the Respondent to adjust the GST amount deposited by the Petitioner in the F.Y 2018-19. Directed the Respondent to release the security amount deposited under the interim order. Set aside the OIO and the OIA. (Author can be reached at [email protected] ) - - Scholarly articles for knowledge sharing authors experts professionals Tax Management India - taxmanagemen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tindia - taxmanagement - taxmanagementindia.com - TMI - TaxTMI - TMITax ..... X X X X Extracts X X X X X X X X Extracts X X X X
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