Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

2024 (4) TMI 363

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... suant to the audit of the Books of accounts of the petitioner for assessment period 2017-2018, the petitioner received audit observations. The petitioner also received an intimation dated 08.09.2023. Such intimation was replied to on 25.09.2023. After issuance of the audit report dated 28.09.2023, a show cause notice was issued on 29.09.2023. Such show cause notice was replied to on 29.11.2023 seeking further time up to 15.12.2023. The impugned order was issued thereafter on 25.12.2023. 3. Learned counsel for the petitioner referred to the notice for conducting audit and the audit observations dated 22.08.2023. He pointed out that the principal observations therein pertain to turnover reconciliation and variation between the GSTR 3B return .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... 9;s challenge is on the confirmation of the tax demand relating to turnover and differences between the GSTR 3B return of the petitioner and Form 26AS. With regard to turnover, the contention of the petitioner is that such turnover is inclusive of turnover from all States. Apart from the GSTR 9 return, the petitioner relied upon the reconciliation statement filed along with the reply dated 25.09.2023. On the differences between the GSTR 3B return and Form 26AS, apart from pointing out that the amounts mentioned in the Form 26AS also relate to transactions across India, it was contended that there is duplication between this issue and the issue relating to turnover. 6. In the impugned order, the respondents recorded that the petitioner did .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... of the petitioner, which was attached. As regards the tax demand relating to turnover reconciliation and difference between GSTR 3B returns and Form 26AS, the respondents are permitted to appropriate 5% of the tax demand from the aforesaid bank account. (ii) Upon realisation of the above amounts, which shall be retained subject to the outcome of the remanded proceedings, the attachment of the bank account shall stand raised. 9. The petitioner is also permitted to file a reply along with all supporting documents within three weeks. Upon receipt of the petitioner's reply, the second respondent is directed to provide a reasonable opportunity to the petitioner, including a personal hearing, and thereafter issue a fresh order within two m .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates