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SURRAL SURFACE COATING PVT. LIMITED vs. THE ASSISTANT COMMISSIONER (ST) , CHENNAI
(Madras High Court)

Hon'ble Judges:

SENTHILKUMAR RAMAMOORTHY
Pet. Counsel
P.v. Sudakar
Res. Counsel
V. Prashanth Kiran

Petitioner / Applicant

SURRAL SURFACE COATING PVT. LIMITED

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

Tamilnadu

Date Jul 4, 2024
Order No.

Writ Petition No. 16374 of 2024 And W. M. P. Nos. 17937 & 17938 of 2024

Citation

2024(7) TAXREPLY 10131

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ORDER

ORDER An assessment order dated 27.04.2024 is challenged on the ground that the petitioner was not provided a personal hearing. Pursuant to show cause notice dated 27.12.2023, the petitioner filed a reply dated 23.01.2024. The impugned order was issued thereafter without providing a personal hearing to the petitioner. 2. Learned counsel for the petitioner submits that tax liability of Rs. 13,82,565/- was imposed towards the IGST component. He submits that GSTR 3B returns of the petitioner clearly indicate that Input Tax Credit (ITC) of Rs. 1,57,22,386/- was available and that, therefore, excess ITC was not availed of. He points out that the petitioner accepted the liability as regards SGST and CGST and made payments towards discharge thereof. On account of a personal hearing not being given, learned counsel seeks another opportunity as regards the IGST component. On instructions, he submits that the petitioner agrees to remit a sum of Rs. 75,000/- as a condition for remand. ....

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