9911796707
TMI Blog2024 (2) TMI 1291X X X X Extracts X X X X X X X X Extracts X X X X ..... time, it should be noticed that such impugned order was issued on 31.05.2023 and the petitioner has approached this Court belatedly. It should also be noticed that it appears prima facie that the ingredients of Section 74 were satisfied. In order to safeguard the interest of revenue in the facts and circumstances, the petitioner shall remit 10% of the disputed tax demand as a condition for remand. The petitioner, through counsel, also agrees to this condition. The impugned assessment order is quashed and the matter is remanded for reconsideration subject to the condition that the petitioner remits 10% of the disputed tax demand within a maximum period of two weeks from the date of receipt of a copy of this order. The petitioner is als ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n the ground that the supplier was not carrying on business at his registered place of business in the year 2021. 4. Mr.C.Harsha Raj, learned Additional Government Pleader, accepts notice on behalf of the respondents. By referring to the show cause notice, he points out that it was stated therein that there are reasons to believe that ITC was claimed and availed fraudulently and with the intent to evade payment of output tax. On account of such statement being made in the show cause notice, learned Additional Government Pleader submits that Section 74 was correctly invoked in this case. He further submits that the assessment order was issued on 31.05.2023 and that the writ petition was liable to be rejected on account of laches. 5. Th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assessment order is quashed and the matter is remanded for reconsideration subject to the condition that the petitioner remits 10% of the disputed tax demand within a maximum period of two weeks from the date of receipt of a copy of this order. The petitioner is also permitted to issue a reply to the show cause notice within a maximum period of two weeks from the date of remittance. Upon receipt thereof and after being satisfied that 10% of the disputed tax demand was received, the assessing officer is directed to provide a reasonable opportunity, including a personal hearing, and thereafter issue a fresh assessment order within a period of two months therefrom. 8. The writ petition is disposed of on the above terms. There will be no or ..... X X X X Extracts X X X X X X X X Extracts X X X X
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