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THE RAMCO CEMENTS LIMITED vs. THE DEPUTY COMMISSIONER (ST) I, CHENNAI
(Madras High Court)

Hon'ble Judges:

MOHAMMED SHAFFIQ
Pet. Counsel
J. Vamini
K. Vaitheeswaran
Res. Counsel
C. Harsha Raj

Petitioner / Applicant

THE RAMCO CEMENTS LIMITED

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

Tamilnadu

Date Nov 22, 2024
Order No.

W. P. No. 35658 of 2024 and W. M. P. Nos. 38514 and 38515 of 2024

Citation

2024(11) TAXREPLY 12250

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ORDER

ORDER The present writ petition is filed challenging the proceeding dated 23.08.2024 on the ground that the impugned order suffers from non application of mind to the reply and the material furnished by the petitioner. 2. The petitioner is engaged in the manufacture and sale of cement and is registered under the GST Act and has paid appropriate taxes. The petitioner had filed the returns for the relevant period 2019-20 in Form GSTR-3B, GSTR-9 and GSTR-1. However, during the course of audit it was noticed inter alia that the petitioner has availed credit in respect of transactions wherein payments have not been made within 180 days and thus hit by the second proviso to Section 16(2)(d) of the GST Act. It was also found that the petitioner had extended corporate guarantees and the same has been treated as taxable supplies liable to tax during the relevant period. The petitioner had in response submitted its objection vide reply dated 27.10.2023, 01.12.2023, 11.03.2024, 27.03.2....

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