9911796707
TMI Blog2024 (5) TMI 113X X X X Extracts X X X X X X X X Extracts X X X X ..... that the discrepancy occurred on account of lower payments being made. On examining the impugned order on this aspect, it is noticeable that the respondents were not fully satisfied with the documentary evidence placed on record by the petitioner. The failure of the petitioner to provide all relevant documents certainly contributed to the state of affairs. With regard to the findings on these issues, it is appropriate to put the petitioner on terms as a condition for reconsideration. The impugned order is set aside subject to the condition that the petitioner remits 10% of the disputed tax demand, on the assumption that tax is leviable at 12% thereon. Such remittance shall be made within two weeks from the date of receipt of a copy of this ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rce. Notwithstanding the petitioner's reply to such effect, learned counsel pointed out that it was concluded in the impugned order that the tax payer failed to report the outward supply of the goods. As regards Sl.nos.1 to 4, which pertain to the discrepancy between the petitioner's GSTR 1 and GSTR 3B, learned counsel contended that tax was imposed at 24% instead of the applicable rate of 12%. In addition, he pointed out that the petitioner's explanations that the discrepancy was subsequently rectified or that such discrepancy arose as a result of payment being made for a lower amount upon undertaking measurement of the civil work executed by the petitioner, as the case may be, was disregarded. On instructions, he submits that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s under: 3. TCS deducted on purchase of vehicles Rs. 95114334/- The tax payer had been engaged in works contract. If a registered dealer sells a used motor vehicle GST is applicable. The rate of GST applicable on the sale of used motor vehicles is at 18% irrespective whether the buyer is a registered person or end user. The GST is due on the margin-i.e. difference on purchase and selling value. They have not furnished the book value of the vehicles used. It is evidently proved that the tax payer had failed to report the outward supply of goods and discharged his tax liability during the year 2020-2021. Hence, the tax payer is liable to pay tax on Rs. 95114334/- at 18% under CGST and SGST with interest. The above finding reveals that the res ..... X X X X Extracts X X X X X X X X Extracts X X X X
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