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INDORAMA INDIA PRIVATE LIMITED vs. UNION OF INDIA & OTHERS
(Calcutta High Court)

Hon'ble Judges:

RAJA BASU CHOWDHURY
Pet. Counsel
J. P. Khaitan
Agnibesh Sengupta
Res. Counsel
Smita Das De
Samarajit Roy Chowdhury

Petitioner / Applicant

INDORAMA INDIA PRIVATE LIMITED

Respondent UNION OF INDIA & OTHERS
Court Calcutta High Court
State

West Bengal

Date Jul 26, 2024
Order No.

WPA 17614 of 2024

Citation

2024(7) TAXREPLY 10522

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ORDER

ORDER 1. Supplementary affidavit filed in Court today on behalf of the petitioner is taken on record. 2. The petitioner challenges the show cause notice dated 11th June, 2024, issued under Section 73 of the Central Goods and Services Tax Act, 2017 (hereinafter referred to as the “said Act”), in Form GST DRC 01 for the period 2019-20 to 2022-23. 3. The petitioner, in fact, questions the very jurisdiction and authority of the proper officer in seeking to determine and recover the Input Tax Credit (ITC) which the petitioner had allegedly obtained wrongfully refund under Section 54(3)(ii) of the said Act. 4. Mr. Khaitan, learned senior advocate appearing on behalf of the petitioner, by drawing attention of this Court to the provisions of Section 73 of the said Act, submits that the said Section, inter alia, confers jurisdiction on the proper officer to determine the amount of tax which has not been paid or has been short-paid or has been wrongly refunded. He ....

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