9911796707
TMI Blog2024 (10) TMI 1298X X X X Extracts X X X X X X X X Extracts X X X X ..... ice - HELD THAT:- It is apparent that the impugned order is unreasoned inasmuch as it does not consider the explanation as provided by the petitioner. The impugned order is set aside and the matter is remanded to the Adjudicating Authority for considering afresh - Petition allowed by way of remand. - HON'BLE MR. JUSTICE VIBHU BAKHRU AND HON'BLE MR. JUSTICE SACHIN DATTA For the Petitioner ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1.2024 (hereafter the SCN), whereby the Adjudicating Authority had proposed to raise a demand on account of non-reversal of Input Tax Credit (ITC) in respect of exempted supplies. 5. The petitioner had responded to the SCN. In addition to referring to the various provisions of the law, the petitioner has also contested the assumption that its outward supplies were exempted from tax. Paras 25, 26 a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... efore it does not require reversal under section 17(2) of the CGST Act, 2017. 26. The Noticee would like to advert Section 2(47) of the CGST Act, 2017, the essence of the same is reproduced below: - Exempt supply means supply of any goods or services or both which attracts nil rate of tax or which may be wholly exempt from tax under section 11, or under section 6 of the Integrated Goods and Servic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e reply/clarification made by the tax payer it has not been established that the exempted supply is income from sale of old vehicles. Therefore, tax payer is liable to reverse ITC claimed against exempted sale as per Section 17(2) read with Rule 42 of GST Act. 7. It is apparent from the above that the impugned order is unreasoned inasmuch as it does not consider the explanation as provided by the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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