TMI Blog2024 (9) TMI 882X X X X Extracts X X X X X X X X Extracts X X X X ..... the income from shares has been excluded by virtue of Circular No.196/08/2023-GST dated 17.07.2023 issued by the Government of India, Ministry of Finance (Department of Revenue), Central Board of Indirect Taxes and Customs, GST Policy Wing, assessment made thereof by the authority on the basis of the audit report cannot be sustained in the eye of law. More particularly, the judgment of the High C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... osite Parties: Mr. A. Kedia, Jr. Standing Counsel, Central GST Central Excise ORDER This matter is taken up by hybrid mode. 2. Heard Mr. C.R. Das, learned counsel for the petitioner and Mr. A. Kedia, learned Junior Standing Counsel appearing for the opposite party-Central GST Central Excise. 3. The petitioner has filed this writ petition seeking to quash the demand arising out of GST DRC-07 and Or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nded that the petitioner did not produce any materials before the authority at the time of assessment indicating that the income has come from shares and, as such, the same has been determined when audit was conducted. Thereafter, the proceeding was initiated against the petitioner. It is further contended that the impugned order is appealable one. Instead of approaching the appellate authority, t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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