9911796707
TMI Blog2024 (9) TMI 1011X X X X Extracts X X X X X X X X Extracts X X X X ..... nother on 09.01.2024. The first discrepancy in the notice dated 15.07.2022 and the fourth discrepancy in the notice dated 09.01.2024 are identical, resulting in an overlap. This duplication, along with the issuance of multiple overlapping notices, raises concerns regarding the respondent s non-application of mind. Furthermore, the petitioner did not file a reply to the show cause notice dated 09.01.2024 due to the confusion caused by repeated allegations and the complexity of the ongoing proceedings. While the petitioner had filed an appeal against the impugned order dated 30.04.2024, which culminated from the initial show cause notice dated 15.12.2022, the subsequent ex parte proceedings deprived the petitioner of a fair opportunity to pre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n Reference No.ZD3304242560010, dated 30.04.2024 passed by the respondent for the period 2018-2019. 4. The learned Senior Counsel appearing for the petitioner submits that the respondent initially issued a DRC-01 notice dated 27.12.2021, followed by a Show Cause Notice in Form GST DRC-01 dated 15.07.2022, citing four main discrepancies, viz., (a) short payment of tax upon comparing GSTR-9 and GSTR-3B, (b) irregularity in reporting transactions attracting TDS, (c) short payment of interest due to delayed tax payment, and (d) claiming of ITC for the period 2017-2018. The petitioner responded with a detailed reply on 16.08.2022, disputing the alleged discrepancies and providing supporting documents. However, another DRC-01 notice dated 26.09. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... crepancies in the DRC-01 notices dated 15.07.2022 and 09.01.2024 are not the same. The former notice raised four discrepancies, while the latter raised 14. However, the counsel has no objection to granting relief to the petitioner, subject to certain terms. 6. I have considered the submissions made by both counsels and perused the materials on record. 7. Upon consideration, it is evident that two show cause notices were issued: one on 15.07.2022 and another on 09.01.2024. The first discrepancy in the notice dated 15.07.2022 and the fourth discrepancy in the notice dated 09.01.2024 are identical, resulting in an overlap. This duplication, along with the issuance of multiple overlapping notices, raises concerns regarding the respondent' ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... an opportunity to file a reply/objection along with supporting documents. 9. Accordingly, the Court passes the following order: (i) The impugned order in Reference No.ZD3304242560010, dated 30.04.2024 is set aside, and the matter is remanded to the respondent for fresh consideration, on the condition that the petitioner pays a sum of Rs. 1,40,00,000/- (Rupees One Crore Forty Lakhs only) to the respondent within four weeks from the date of receipt of a copy of this order. The setting aside of the impugned order shall take effect only upon payment of the said amount. (ii) The petitioner shall file their reply/objection, along with the required documents, if any, within two weeks after making the payment. (iii) Upon the filing of such r ..... X X X X Extracts X X X X X X X X Extracts X X X X
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