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2024 (3) TMI 547 - MADRAS HIGH COURTLiability on the head of IGST and interest with a penalty - issued show cause notice pointing out defects - Sundry Credit - Dealer of plywood registered under the GST Act - application u/s 161 of GST Act - HELD THAT:- Petitioner claims that he has paid the tax amount and he has also enclosed the Bank Statement. However, the respondent has passed an order treating the entire purchase value of sundry credit as tax liability, instead of deducting the ITC Tax element involved on the sundry creditors. According to him, the total sundry credit as per the IT returns is Rs.3,14,65,707/- and the tax component for this purchase value is 18%. However, the assessing authority, without considering the same, has considered the entire value of purchase as a tax amount as ITC and wrongly reversed the entire purchase credit value to the tune of Rs.3,14,65,707/-. Additional Government Pleader, who takes notice for the respondent, submits that the petitioner is having a right of filing an application u/s 161 of GST Act to correct the error before the concerned authority within a period of 90 days. If the petitioner is having any grievance as against the amount arrived in the assessment order, he can very well file an application u/s 161 of GST Act, within a period of 90 days. Thus, this writ petition is disposed of with a liberty to the petitioner to file an application u/s 161 of GST Act along with the required documents.
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