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KURIAN THARAYIL vs. STATE TAX OFFICER & OTHERS
(Kerala High Court)

Hon'ble Judges:

GOPINATH P.
Pet. Counsel
Basil Chandy Vavachan
Charutha Bhaiju
Nanda Surendran
Res. Counsel
Jasmine M.m

Petitioner / Applicant

KURIAN THARAYIL

Respondent STATE TAX OFFICER & OTHERS
Court Kerala High Court
State

Kerala

Date Aug 7, 2024
Order No.

WP(C) NO. 25595 OF 2024

Citation

2024(8) TAXREPLY 11000

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ORDER

JUDGMENT Petitioner has approached this Court, challenging Ext. P4 order of the 1st respondent, demanding the payment of a total amount of Rs. 43,37,212/-, including interest and penalty on the allegation that the petitioner had wrongly availed input tax credit (IGST) for a sum of Rs. 21,03,944.02 while filing return in Form GSTR-3B, for the year 2017-18 on 25.08.2017. 2. Adv. Nanda Surendran, the learned counsel appearing for the petitioner would submit that Ext. P5 is the Form GSTR-3B filed in the month of July of the year 2017-18. It is submitted that since the Form was filed at a time immediately after the introduction of GST and owing to a mistake committed in the office of the petitioner, an amount of Rs. 21,03,944.02 was wrongly entered under the column for ‘Eligible ITC’, claiming that such an amount was available as ITC on account of integrated tax paid by the petitioner for the relevant period. It is submitted that, on coming to know of the discrepancy ....

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