9911796707
TMI Blog2024 (7) TMI 168X X X X Extracts X X X X X X X X Extracts X X X X ..... and show cause notice, the petitioner could and should have placed on record documents indicating movement of goods between the group entities. Such documents could have been in the form of e-way bills, lorry receipts, weighment slips and the like. The petitioner cannot be absolved of responsibility for the current state of affairs. It should, however, be noticed that substantial amounts were imposed as penalty without taking into account documents that the petitioner claims is in his possession. When these facts and circumstances are considered cumulatively, a case is made out to provide the petitioner another opportunity, albeit by putting the petitioner on terms. The order impugned herein is set aside subject to the condition that the p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pondent noticed that certain suppliers (named in the impugned orders) had generated fake invoices and, on that basis, concluded that the petitioner acted as an intermediary in bill trading transactions. Merely because there were transactions between the petitioner and Sonali Extrusion Private Limited or between the petitioner and Shriniwas Impex, he contended that it could not have been concluded that the petitioner was engaged in bill trading. He further submits that the petitioner was not provided a reasonable opportunity to place all relevant documents on record to establish that the transactions were genuine. 3. Mr.V.Prashanth Kiran, learned Government Advocate, accepts notice for the respondent. By referring to the sequence of dates an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er, be noticed that substantial amounts were imposed as penalty without taking into account documents that the petitioner claims is in his possession. When these facts and circumstances are considered cumulatively, a case is made out to provide the petitioner another opportunity, albeit by putting the petitioner on terms. 6. Therefore, the order impugned herein is set aside subject to the condition that the petitioner remits 10% of the disputed tax demand under the impugned order as a condition for remand in the aggregate, after giving credit of amounts remitted earlier. Such amount shall be remitted within three weeks from the date of receipt of a copy of this order. The petitioner is also permitted to submit a detailed reply to the show c ..... X X X X Extracts X X X X X X X X Extracts X X X X
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