9911796707
TMI Blog2023 (6) TMI 231X X X X Extracts X X X X X X X X Extracts X X X X ..... 3 explaining the reasons for reversing the excess amount of ITC - Notwithstanding the explanation provided by the petitioner, respondent no. 1 issued a show cause notice dated 12.05.2023 raising an aggregate demand of ₹55,39,99,352/- as mentioned in the intimation dated 19.12.2022. Surely, if there is an inadvertent or typographical error that has crept in any returns, the taxpayer cannot be mulcted with the tax liability in excess of what is due and payable. It is apparent that the explanation provided by the petitioner has not been considered. It is considered apposite to direct the concerned authority to pass an appropriate order pursuant to the show cause notice considering the petitioner s responses to the show-cause notice ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ITC that was used for discharging the overstated liability and reported the same in its returns filed for the month of October, 2017. Thereafter, on 22.12.2017, the petitioner filed its returns (GSTR-1) for the month of September, 2017 and correctly stated the tax liability at ₹3,23,36,855/- instead of ₹32,33,36,855/- as reported earlier. 6. The respondents issued a circular being Circular No.26 dated 29.12.2017, for providing a mechanism for correction of mistakes in (FORM GSTR-3B) returns. In terms of the said circular, the liability for the previous month is required to be corrected in returns filed in (FORM GSTR-3B) for subsequent months. Although, the petitioner had followed this procedure, the benefit of the circular ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ith the tax liability in excess of what is due and payable. It is apparent that the explanation provided by the petitioner has not been considered. 13. In view of the above, we are inclined to quash the show cause notice dated 12.05.2023. However, Mr. Aggarwal, learned counsel appearing for the respondents, assures this Court that the respondents will duly consider all clarifications and pass an appropriate order. 14. In view of the above, we consider it apposite to direct the concerned authority to pass an appropriate order pursuant to the show cause notice considering the petitioner s responses to the show-cause notice as well as the averments made in this petition. 15. The said order be passed within a period of three weeks from ..... X X X X Extracts X X X X X X X X Extracts X X X X
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