GST UPDATE

????Desk of CA. Praveen Sharma Series- 542???? 

MADRAS HIGH COURTIN THE CASE OF Oasys Cybernetics Private Limited Section 73 of the CGST Act, 2017

????The petitioner challenged an order dated 07.03.2024, arguing that the Input Tax Credit (ITC) reflected in GSTR 2A was not properly considered The petitioner received a notice in Form ASMT 10 on 17.08.2023, followed by a show cause notice on 19.09.2023, to which replies were submitted on 18.10.2023 and 23.01.2024. The impugned order was issued thereafter.

????The petitioner contended that the order referenced amounts not shown in the GST Model-2 portal and that information was not accessible to them. The GSTR 2A reflected 11 bills of entry, which should have been considered. The respondent, represented by Mr. T.N.C. Kaushik, argued that due process was followed and discrepancies were communicated through Form ASMT 10.

????The court noted that the GSTR 2A showed 11 bills of entry, and the confirmed tax demand should exclude these, leaving a disputed amount of Rs. 77,59,284/-. The petitioner agreed to pay Rs. 8,00,000/- towards the disputed tax demand for reconsideration.

????The impugned order was set aside on the condition that the petitioner pays Rs. 8,00,000/- within four weeks. The respondent must provide a reasonable opportunity for the petitioner, including a personal hearing, and issue a fresh order within three months after receiving the payment.

????The writ petition was disposed of on these terms, with no order as to costs, and connected miscellaneous petitions were closed.

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CA. Praveen Sharma

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