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ORIENT ELECTRICALS AND ENGINEERS INDIA P. LTD. vs. ASSISTANT COMMISSIONER (ST) , CHENNAI
(Madras High Court)

Hon'ble Judges:

SENTHILKUMAR RAMAMOORTHY
Pet. Counsel
T. R. Ramesh
Res. Counsel
V. Prasanth Kiran

Petitioner / Applicant

ORIENT ELECTRICALS AND ENGINEERS INDIA P. LTD.

Respondent ASSISTANT COMMISSIONER (ST) , CHENNAI
Court Madras High Court
State

Tamilnadu

Date Jun 21, 2024
Order No.

W. P. No. 15515 of 2024 And W. M. P. Nos. 16867 & 16869 of 2024

Citation

2024(6) TAXREPLY 9985

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ORDER

ORDER An order in original dated 23.08.2023 is challenged in this writ petition on the ground that the petitioner did not have a reasonable opportunity to contest the tax demand on merits. A show cause notice dated 27.06.2023 was issued to the petitioner calling upon the petitioner to show cause as to why Input Tax Credit should not be reversed to the extent of credit notes issued by the petitioner's suppliers. Since the petitioner was unaware of the show cause notice, the petitioner could not reply thereto. Eventually, the petitioner was informed by its banker that an attachment notice was received from the Commercial Tax Department for recovery of tax. Thereafter, the petitioner filed an appeal before the first appellate authority. While filing such appeal, the petitioner made a pre deposit of 12.5% of the tax demand. Since such appeal was not entertained on the ground of limitation, the present writ petition was filed. 2. Learned counsel for the petitioner submits tha....

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