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GEM EQUIPMENTS PRIVATE LIMITED vs. THE ASSISTANT COMMISSIONER (ST) TAMILNADU
(Madras High Court)

Hon'ble Judges:

SENTHILKUMAR RAMAMOORTHY
Pet. Counsel
Aparna Nandakumar
Res. Counsel
C. Harsha Raj

Petitioner / Applicant

GEM EQUIPMENTS PRIVATE LIMITED

Respondent THE ASSISTANT COMMISSIONER (ST) TAMILNADU
Court Madras High Court
State

Tamilnadu

Date Jun 12, 2024
Order No.

W. P. No. 14919 of 2024 and W. M. P. Nos. 16186 & 16189 of 2024

Citation

2024(6) TAXREPLY 11307

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ORDER

ORDER An order in original dated 27.12.2023 is assailed on the ground of breach of principles of natural justice. 2. By asserting that the impugned order and notices preceding such order were uploaded on the “View Additional Notices and Orders” tab on the GST portal and not communicated to the petitioner through any other mode, the present writ petition was filed. 3. Learned counsel for the petitioner submits that the confirmed tax proposals pertain to a mismatch between the petitioner's GSTR 3B returns and the auto-populated GSTR 2A as also between the petitioner's GSTR 1 statement and GSTR 3B returns. As regards each issue dealt with in the impugned order, learned counsel submits that the petitioner would be in a position to satisfactorily explain the mismatch if provided an opportunity. On instructions, she submits that the petitioner would remit 10% of the disputed tax demand as a condition for remand. 4. Mr. C.Harsha Raj, learned Additional G....

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