Raja Abhishek For NIRC 2024

@abhishekrajaram

3 months ago

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๐Ÿ“ฐ ๐—–๐—ต๐—ต๐—ฎ๐˜๐˜๐—ถ๐˜€๐—ด๐—ฎ๐—ฟ๐—ต ๐—›๐—ถ๐—ด๐—ต ๐—–๐—ผ๐˜‚๐—ฟ๐˜ ๐—ฅ๐˜‚๐—น๐—ถ๐—ป๐—ด: ๐—œ๐—ป๐˜๐—ฒ๐—ฟ๐—ถ๐—บ ๐—ฅ๐—ฒ๐—น๐—ถ๐—ฒ๐—ณ ๐—š๐—ฟ๐—ฎ๐—ป๐˜๐—ฒ๐—ฑ ๐—ถ๐—ป ๐—š๐—ฆ๐—ง ๐—œ๐—ป๐—ฝ๐˜‚๐˜ ๐—ง๐—ฎ๐˜… ๐—–๐—ฟ๐—ฒ๐—ฑ๐—ถ๐˜ ๐—–๐—ฎ๐˜€๐—ฒ

๐Ÿ“ข The court directed, "No further adverse orders shall be passed against the appellant until the next hearing, pending a response from the respondent."

๐Ÿ” ๐—™๐—ฎ๐—ฐ๐˜๐˜€: โ€ข ๐—–๐—ฎ๐˜€๐—ฒ ๐—ง๐—ถ๐˜๐—น๐—ฒ: Sri Balalji Metals Minerals Private Ltd. vs Union of India โ€ข ๐—–๐—ฎ๐˜€๐—ฒ ๐—ก๐˜‚๐—บ๐—ฏ๐—ฒ๐—ฟ: WPT No. 170 of 2023 โ€ข ๐—–๐—ผ๐˜‚๐—ฟ๐˜: Chhattisgarh High Court โ€ข ๐——๐—ฎ๐˜๐—ฒ: 23-Jun-2023

๐—œ๐˜€๐˜€๐˜‚๐—ฒ: 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.

Courtโ€™s 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 appellantโ€™s application for interim relief/stay.

โš– ๐—๐˜‚๐—ฑ๐—ด๐—บ๐—ฒ๐—ป๐˜: 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.

๐Ÿ“œ 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

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