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GST - Highlights / Catch Notes

Home Highlights November 2024 Year 2024 This

Petition seeking quashing of Order-in-Original passed u/s 73 of ...


Quashing GST Order for Input Tax Credit in Light of Sadhana Enviro Case.

Case Laws     GST

November 9, 2024

Petition seeking quashing of Order-in-Original passed u/s 73 of CGST Act, 2017, and Demand Order in GST 07 by Respondent 4. No excess claim of Input Tax Credit for 2019-20 as already denied for 2017-18. Court held issue covered by judgment in M/s. Sadhana Enviro Engineering Services case, where it was ruled that in view of amendment inserting Section 16(5) to CGST/KGST Act, petition should be disposed of, directing original authority to implement provisions after providing reasonable opportunity to petitioner, hearing them, and proceeding in accordance with law. Considering facts, circumstances, and M/s. Sadhana Enviro Engineering judgment, present petition allowed and disposed of accordingly.

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