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MAHENDRA FEEDS AND FOODS (TRADING DIVISION) vs. THE DEPUTY COMMISSIONER OF GST AND CENTRAL EXCISE, SALEM
(Madras High Court)

Hon'ble Judges:

R.SURESH KUMAR
Pet. Counsel
Adithya Reddy
Res. Counsel
K.mohana Murali

Petitioner / Applicant

MAHENDRA FEEDS AND FOODS (TRADING DIVISION)
Respondent THE DEPUTY COMMISSIONER OF GST AND CENTRAL EXCISE, SALEM
Court Madras High Court
State

Tamilnadu

Date Apr 29, 2022
Order No.

Writ Petition No.11191 of 2022 And W.M.P.No.10767 of 2022

Citation

2022(4) TAXREPLY 5849
Original Order
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ORDER

The prayer sought for herein is for a Writ of Certiorari calling for the records leading to the issuance of order-in-original bearing reference DIN- 20220359XP0000666C44 dated 30.03.2022 by the respondent herein, and quash the same. 2. The petitioner is a dealer under the GST regime. He has availed Input Tax Credit (ITC) for the Financial Year 2017-18 and 2018-19 from December 2017 to March 2019. But, according to the Revenue, the ITC claimed by the petitioner was a wrong claim because, there was a complete mismatch between the supplier and the petitioner who was in the receiving end, as the supplier, in support of its outward tax has not paid the tax or not shown the same in their accounts, as if that they paid the tax. Therefore, a show cause notice was issued and it has been replied. Considering the said reply, the order-in-original has been passed by the impugned order dated 30.03.2022. 3. Challenging the impugned order, Mr.Adithya Reddy learned counsel for the petitione....

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