Raja Abhishek For NIRC 2024
3 months ago
๐ฐ ๐๐ต๐ต๐ฎ๐๐๐ถ๐๐ด๐ฎ๐ฟ๐ต ๐๐ถ๐ด๐ต ๐๐ผ๐๐ฟ๐ ๐ฅ๐๐น๐ถ๐ป๐ด: ๐๐ป๐๐ฒ๐ฟ๐ถ๐บ ๐ฅ๐ฒ๐น๐ถ๐ฒ๐ณ ๐๐ฟ๐ฎ๐ป๐๐ฒ๐ฑ ๐ถ๐ป ๐๐ฆ๐ง ๐๐ป๐ฝ๐๐ ๐ง๐ฎ๐ ๐๐ฟ๐ฒ๐ฑ๐ถ๐ ๐๐ฎ๐๐ฒ
๐ข The court directed, "No further adverse orders shall be passed against the appellant until the next hearing, pending a response from the respondent."
๐ ๐๐ฎ๐ฐ๐๐: โข ๐๐ฎ๐๐ฒ ๐ง๐ถ๐๐น๐ฒ: Sri Balalji Metals Minerals Private Ltd. vs Union of India โข ๐๐ฎ๐๐ฒ ๐ก๐๐บ๐ฏ๐ฒ๐ฟ: WPT No. 170 of 2023 โข ๐๐ผ๐๐ฟ๐: Chhattisgarh High Court โข ๐๐ฎ๐๐ฒ: 23-Jun-2023
๐๐๐๐๐ฒ: Sri Balalji Metals Minerals Private Ltd. claimed entitlement to an input tax credit (ITC) for taxes paid on services from a supplier in the 2018-2019 fiscal year, as recorded in the GST portal. Despite reflecting the tax paid in its inward return, the company received notices from the CGST and DGGI alleging that the supplier was "non-existent." The appellant argued that multiple investigations on the same issue by different agencies were unwarranted, especially in the absence of an audit. No ITC denial order has been passed yet.
Courtโs Solution: Acknowledging the appellant's concerns, the court instructed that no adverse orders should be issued against Sri Balalji Metals until the next hearing. The respondent was asked to submit a reply to the appellantโs application for interim relief/stay.
โ ๐๐๐ฑ๐ด๐บ๐ฒ๐ป๐: The court granted interim protection to the appellant, preventing adverse actions by tax authorities and awaiting responses from the Union of India. The next hearing will further examine the entitlement to ITC, procedural fairness, and the limits of multi-agency investigation.
๐ This case highlights procedural issues surrounding GST investigations, underscoring the need for careful agency coordination to avoid undue burdens on businesses. The final decision will shed light on the judicial view regarding fair investigation practices and ITC rights. Team GSTpanacea 7503031378
Page created with TweetHunter
Write your own