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SRI KRISHNA FABRICATORS (INDIA) PVT. LTD vs. THE ASSISTANT COMMISSIONER (ST) THIRUKAZHUKUNDRAM
(Madras High Court)

Hon'ble Judges:

SENTHILKUMAR RAMAMOORTHY
Pet. Counsel
Raveendran B.
Res. Counsel
V.prashanth Kiran

Petitioner / Applicant

SRI KRISHNA FABRICATORS (INDIA) PVT. LTD

Respondent THE ASSISTANT COMMISSIONER (ST) THIRUKAZHUKUNDRAM
Court Madras High Court
State

Tamilnadu

Date Apr 25, 2024
Order No.

W. P. No. 10848 of 2024, W. M. P. No. 11955 & 11956 of 2024

Citation

2024(4) TAXREPLY 10840

Original Order
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ORDER

ORDER An order in original dated 01.12.2023 is assailed both on the ground of denial of reasonable opportunity and on the ground of non application of mind. After issuing show cause notice dated 14.09.2023, the order impugned herein was issued on 01.12.2023. The petitioner asserts that he was not aware of these proceedings until the petitioner's bank account was attached. 2. Learned counsel for the petitioner submits that the tax proposal pertains to the difference between Input Tax Credit (ITC) available as per the GSTR 2A and the ITC availed of under the petitioner's GSTR 3B returns. Learned counsel contends that tax liability was imposed on the petitioner although the petitioner availed of lower ITC than that reflected in the GSTR 2A. By relying on earlier orders in W.P.Nos.6772 & 6776 of 2024 and W.P.Nos.8599 & 8607 of 2024, learned counsel contends that this Court interfered under similar circumstances previously. Without prejudice, on instructions, lear....

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