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TVL. SHIVAM STEELS vs. THE ASSISTANT COMMISSIONER (ST) (FAC) , HOSUR
(Madras High Court)

Hon'ble Judges:

SENTHILKUMAR RAMAMOORTHY
Pet. Counsel
P. Gowtham
Res. Counsel
C. Harsha Raj

Petitioner / Applicant

TVL. SHIVAM STEELS
Respondent THE ASSISTANT COMMISSIONER (ST) (FAC) , HOSUR
Court Madras High Court
State

Tamilnadu

Date Jul 18, 2024
Order No.

W. P. No. 17434 of 2024 And W. M. P. Nos. 19221 & 19222 of 2024

Citation

2024(7) TAXREPLY 10282
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ORDER

ORDER By this writ petition, an order in original dated 26.02.2024 is assailed only insofar as it pertains to defect no.3. 2. The petitioner received show cause notice dated 07.09.2024 calling upon the petitioner to show cause with regard to six defects. The petitioner replied to such show cause notice on 11.12.2024, 22.01.2024 and 09.02.2024. The order impugned herein was issued thereafter. 3. Learned counsel for the petitioner submits that defect no.3 pertains to reversal of Input Tax Credit in respect of credit notes issued by the supplier. By referring to sub-section (3) of Section 15 of applicable GST statutes, learned counsel submits that the value of supply would not include a discount only if the conditions prescribed in clauses (a) or (b) of sub-section (3) are satisfied. According to him, the case at hand does not fall within the scope of sub-section (3). Consequently, he contends that the credit notes issued by the supplier were financial credit notes. He also....

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