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TMI Blog2024 (10) TMI 1385X X X X Extracts X X X X X X X X Extracts X X X X ..... ari or any other appropriate Writ or order or direction under Article 226 of the Constitution of India quashing the impugned Show Cause Notice No. ADCOM (ENF)/SZ/DCCT-01/GST/ADJN- 04/2023-24 dated 29.09.2023 bearing DIN MA290923228413R issued by the Respondent No. 4 enclosed at Annexure A demanding input tax credit availed by the Petitioner along with interest and penalty, b) Hold that the Petitioner has rightly availed input tax credit of Rs.13,37,21,288/- in respect of the IGST paid on manpower supply services received by the Petitioner during the period 2017-2023, c) Hold that the Petitioner is not liable to pay Rs.42,58,800/- being IGST on the External Commercial Borrowings (ECB) received from VTAL, in terms of the exemption provi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng Section 16(4) of the CGST Act, 2017; (ii) Demand of GST of Rs.42,58,800/- with interest on financial services of external commercial borrowings. 6. With regard to the first demand, the learned counsel for the petitioner submits that the demand of input tax credit is liable to be set aside in the light of Circular No. No.211/5/2024-GST dated 26/06/2024 issued by the Central Board of Indirect taxes and Customs, New Delhi and CGST Notification dated 28.06.2017 as well as the judgments of this Court in the case of Bosch Limited Vs. State of Karnataka and others - 2024 VIL-828-KAR, Musashi Autoparts Private India Ltd., Vs. State of Karnataka - W.P.No.478/2024 dated 29.07.2024. 7. With regard to the second demand, the learned counsel for the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... riate to dispose of this petition by issuing certain directions. 12. In the result, I pass the following: ORDER (i) Petition is hereby disposed of. (ii) The petitioner is reserved with liberty to submit a reply along with documents to the impugned Show Cause Notice at Annexures - A dated 29.09.2023 within a period of three weeks from the date of receipt of a copy of this order. (iii) The concerned respondents shall consider the said reply and documents to be submitted by the petitioner and proceed further in accordance with law after providing sufficient and reasonable opportunity of hearing to the petitioner and bearing in mind the observations made in this order as well as the relevant statutory provisions, Circulars, judgments, cont ..... X X X X Extracts X X X X X X X X Extracts X X X X
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