GST UPDATE

????Desk of CA. Praveen Sharma Series- 536???? 

MADRAS HIGH COURT IN THE CASE Sreeram Spheroids and Graphites Private Limited, 73 of the CGST Act, 2017

????A petitioner challenged an order dated 29.12.2023, issued after a show cause notice highlighted 10 defects. 

????The petitioner submitted replies on 16.12.2023 and 28.12.2023. The main issue involved a mismatch between the taxable turnover in GSTR-9 and GSTR-3B due to errors in reflecting credit notes. The petitioner argued that this mismatch was explained in GSTR-9 and pointed out an error in the tax calculation, where Rs. 1,17,31,242/- was incorrectly apportioned as tax instead of being treated as taxable supply.

????The petitioner agreed to pay interest for late GSTR-3B filing, subject to any waiver, and consented to remit 10% of the disputed tax for defects 9 and 10 as a condition for remand.

????The court found several defects resolved and ordered the petitioner to remit 10% of the disputed tax within 15 days for defects 9 and 10. The respondent must then provide a personal hearing and issue a fresh order within three months.

????The writ petition was disposed of accordingly, with no order as to costs.

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