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SRI BALAJI TOLLWAYS (MADURAI) PRIVATE LIMITED, REPRESENTED BY ITS MANAGING DIRECTOR MR. SEYYADURAI NAGARAJAN vs. THE DEPUTY STATE TAX OFFICER - 2, MADURAI
(Madras High Court)

Hon'ble Judges:

VIVEK KUMAR SINGH
Pet. Counsel
S.ramamurthy
Res. Counsel
J.k.jayaselan

Petitioner / Applicant

SRI BALAJI TOLLWAYS (MADURAI) PRIVATE LIMITED, REPRESENTED BY ITS MANAGING DIRECTOR MR. SEYYADURAI NAGARAJAN

Respondent THE DEPUTY STATE TAX OFFICER - 2, MADURAI
Court Madras High Court
State

Tamilnadu

Date Mar 27, 2025
Order No.

W. P. (MD)No. 8618 of 2025 And W. M. P. (MD)Nos. 6441 and 6442 of 2025

Citation

2025(3) TAXREPLY 12824

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ORDER

ORDER This writ petition is filed challenging the assessment order passed by the respondent, dated 10.09.2024, for the Assessment Year 2018-2019. 2. The learned counsel for the petitioner submits that the impugned order is a non-speaking order, violating Section 75(6) of the GST Act, as it fails to address the petitioner's submissions. The order was passed under Section 74 of the GST Act, despite no clear or implied allegation of fraud, willful mistake or suppression of facts by the petitioner, which are the necessary jurisdictional preconditions. 3. The learned counsel for the petitioner further submits that the impugned order exceeds the scope of the show cause notice dated 13.05.2024, which did not propose the imposition of any penalty, but the impugned order has imposed a 100% penalty, violating Section 75(7) of the GST Act. The impugned order is based on a mistaken figure of Rs. 35,88,87,433.70 as the available credit, whereas the correct figure reflected in the....

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