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TMI Blog2024 (4) TMI 527X X X X Extracts X X X X X X X X Extracts X X X X ..... ananjai Shekhawat, Mr. Archit Jain, Mr. Rishab Singhla and Mr. Sandeep Goyal, Advocates. For the Respondents: Mr. Varun Vats, SPC for UOI. JUDGMENT SANJEEV SACHDEVA, J. (ORAL) 1. Petitioner impugns order dated 26.12.2023, whereby the impugned Show Cause Notice dated 24.09.2023, proposing a demand of Rs. 56,32,814.00 against the Petitioner has been disposed of and a demand including penalty ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... TC"]; Scrutiny of ITC availed under ISD; ITC to be reversed on non-business transactions & exempt supplies; under declaration of ineligible ITC; and ITC claimed from cancelled dealers, return defaulters & tax non payers. To the said Show Cause Notice, a detailed reply was furnished by the petitioner giving disclosures under each of the heads. 6. The impugned order, however, after recording the na ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .12.2023 filed by the Petitioner is a detailed reply. Proper Officer had to at least consider the reply on merits and then form an opinion. He merely held that the reply is incomplete, not duly supported by adequate documents, not clear and unsatisfactory, which ex-facie shows that Proper Officer has not applied his mind to the reply submitted by the petitioner. 8. Further, if the Proper Officer ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pass a fresh speaking order in accordance with law within the period prescribed under Section 75 (3) of the Act. 11. It is clarified that this Court has neither considered nor commented upon the merits of the contentions of either party. All rights and contentions of parties are reserved. 12. The challenge to Notification No. 9 of 2023 with regard to the initial extension of time is left open. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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