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2024 (8) TMI 291

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..... sence of any material which could be said to have any bearing insofar as AY 2020-21 is concerned. We additionally take note of the detailed reply which was submitted by the writ petitioner in response to the original notice and which is dated 10 March 2023. As is manifest from a reading of the extracts forming part of that reply the aspect of refund was ultimately brought to a close and concluded in favour of the writ petitioner. Unable to sustain the impugned action of reassessment - Decided in favour of assessee. - HON'BLE MR. JUSTICE YASHWANT VARMA AND HON'BLE MR. JUSTICE RAVINDER DUDEJA For the Petitioner Through: Mr. Deepak Chopra, Mr. Rohan Khare and Mr. Adwiteya Grover, Advs. For the Respondents Through: Mr. Puneet Rai, SSC .....

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..... assessment within the meaning of sec. 147 of the Income-tax Act, 1961. As per information the assessee company M/s Schneider Electric India Pvt. Ltd. has received illegitimate refunds of IGST during the F.Y. 2019-20 relevant to the A.Y. 2020-21. The information has been received as a result of investigation in the case of the assessee itself by the GST Department. The details of the information / enquiry conducted on which reliance is being placed, alongwith supporting documents, are enclosed with this notice. 5. As is manifest from the above, the allegation which stood laid related to the receipt of illegitimate refunds of IGST pertaining to AY 2020-21. However, on an ex facie examination of the information which appears at page no. 113 of .....

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..... 2019-20 by Directorate General of GST Intelligence, Bengaluru, as annexed with Notice under section 148A(b) of the Act issued for AY 2019-20. In this background, as this amount relates to exports against duty draw-back, without AA, the allegations raised by your office are not applicable. Total (I) 49.50 47.94 Export against AA December 2017 till March 2018 1.21 1.11 Not relevant for captioned year April 2018 till October 08, 2018 14.75 14.75 Not relevant for captioned year October 09, 2018 till March 31, 2019 11.06 10.95 Not relevant for captioned year April 2019 till July 2019 8.71 8.37 As on date the dispute related to refund with the GST department has already been settled. For detail refer Para B.8 to B.12 below. Total (II) 35.75 35.18 .....

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