9911796707
TMI Blog2025 (1) TMI 918X X X X Extracts X X X X X X X X Extracts X X X X ..... d 26.07.2024 for the assessment year 2019-20 and the bank attachment dated 12.11.2024 and 25.11.2024. 2. It is submitted by the learned counsel for the petitioner that the petitioner is a supplier of precision plastic, metal components and assemblies for global car manufacturers and is registered under the GST Act. During the relevant period of 2017-18 and 2019-20, the petitioner had filed the returns and paid appropriate taxes. However, on verification of the monthly returns for the period 2017-18, it was noticed that there was a mismatch between GSTR 3B and GSTR 2A, while for the assessment year 2019-20, it was noticed that there was excess claim of Input Tax Credit inasmuch as there was under declaration of ineligible Input Tax Credit a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... etitioner that if the petitioner is provided with an opportunity, he would be able to explain the alleged discrepancies. 4. The learned counsel for the petitioner would place reliance upon the recent judgment of this Court in the case of M/s.K.Balakrishnan, Balu Cables vs. O/o. the Assistant Commissioner of GST & Central Excise in W.P.(MD)No.11924 of 2024 dated 10.06.2024, to submit that this court has remanded the matter back in similar circumstances subject to payment of 25% of the disputed taxes. It was further submitted that the petitioner is ready and willing to pay 25% of the disputed tax demanded for the period 2017-18. 5. While the period 2019-20 is concerned the petitioner would submit that they are ready and willing to pay 25% o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er, either under section 30 or pursuant to any order made by the Appellate Authority or the Appellate Tribunal or court and where availment of input tax credit in respect of an invoice or debit note was not restricted under sub-section (4) on the date of order of cancellation of registration, the said person shall be entitled to take the input tax credit in respect of such invoice or debit note for supply of goods or services or both, in a return under section 39,-- (i) filed up to thirtieth day of November following the financial year to which such invoice or debit note pertains or furnishing of the relevant annual return, whichever is earlier; or (ii) for the period from the date of cancellation of registration or the effective date o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of disputed taxes to be paid, if any, within a period of one week from the date of receipt of a copy of this order. The petitioner shall deposit such remaining sum within a period of three weeks from such intimation. d) The entire exercise of verification of payment, if any, intimation of the balance sums, if any, to be paid for compliance with the direction of payment of 25% of the disputed taxes, after deducting the sums already paid and payment by the petitioner of the balance amount, if any, on intimation in compliance of the above direction, shall be completed within a period of four weeks from the date of receipt of copy of this order. e) Failure to comply with the above condition viz., payment of 25% of disputed taxes within the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ) of GST Act, as admitted by the learned counsel for the petitioner and the respondent within a period of four weeks from the date of receipt of a copy of this order. c) If any amount has been recovered or paid out of the disputed taxes, including by way of pre-deposit in appeal, the same would be reduced/adjusted, from/towards the 25% of disputed taxes other than demand of tax arising as a result of denial of Input Tax Credit by invoking Section 16(4) of GST Act. The assessing authority shall then intimate the balance amount out of 25 % of disputed taxes other than demand of tax arising as a result of denial of Input Tax Credit by invoking Section 16(4) of GST Act to be paid, if any, within a period of one week from the date of receipt o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ions within a period of four (4) weeks from the date of receipt of a copy of this order along with supporting documents/material. If any such objections are filed, the same shall be considered by the respondent and orders shall be passed in accordance with law after affording a reasonable opportunity of hearing to the petitioner. It is made clear that if the above conditions viz., 25% of disputed taxes other than demand of tax arising as a result of denial of Input Tax Credit by invoking Section 16(4) of GST Act is not complied or objections are not filed within the stipulated period, four weeks respectively from the date of receipt of a copy of this order, the impugned order of assessment shall stand restored. 9. There shall be no order a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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