9911796707
TMI Blog2023 (12) TMI 72X X X X Extracts X X X X X X X X Extracts X X X X ..... mounts would be now required to be refunded to the petitioner being the amount of input tax credit paid by the petitioner - Respondent would not dispute such consequences which would fall from the order passed by the adjudicating officer. It is stated by the petitioner that they intend to challenge the penalty of Rs. 20,63,46,994/- imposed by the said order passed by the adjudicating officer. Considering the subsequent developments, further adjudication of the present proceedings is not called for. The petition can be disposed of by permitting the petitioner to avail the alternate remedy of an appeal to assail the order-in-original dated 17 November, 2023. - G. S. KULKARNI JITENDRA JAIN, JJ. For the Petitioner : Mr. Prakash Shah with Mr. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ficer/Additional Commissioner, CGST CEX, Mumbai Central reads thus:- ORDER i) I drop the demand of Inadmissible Input Tax Credit amounting to Rs. 20,63,46,994/- (Twenty Crores Sixty Three Lakhs Forty-Six Thousand Nine Hundred and Ninety-Four Only) made under Section 74 of the CGST Act, 2017, as per discussions made in para 32 above and in terms of CBIC Circular No. 171/03/2022-GST dated 06.07.2022. ii) Since the demand under Section 74 of the CGST Act, 2017, as mentioned in Para 33(i) above, is dropped. I drop the demand of interest under Section 50 of the CGST Act, 2017 read with Section 74 of the CGST Act, 2017. iii) Since the demand under Section 74 of the CGST Act, 2017, as mentioned in Para 33(i) above, is dropped, I refrain from impos ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ate remedy of an appeal to assail the order-in-original dated 17 November, 2023. We accordingly pass the following order:- ORDER i. We accept the statement as made on behalf of the petitioner that the petitioner intends to file an appeal within a period of four weeks from today assailing the order-in-original dated 17 November, 2023 passed by the Assistant Commissioner of Central Excise, Mumbai Central. ii. To enable the petitioner to avail of the statutory remedy, the respondents are directed not to take any coercive action for a period of four weeks from today, on the basis of the order dated 17 November, 2023 passed by the adjudicating officer. iii. As a consequence of the order-in-original dated 17 November, 2023, the respondents are al ..... X X X X Extracts X X X X X X X X Extracts X X X X
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