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2024 (2) TMI 1005 - MADRAS HIGH COURTValidity of assessment order - difference of turnover between P & L account and balance sheet, on the one hand, and GSTR-9, on the other - jurisdictional error with regard to the determination of transitional credit - HELD THAT:- It is found that the assessing officer has accepted the explanation of the petitioner with regard to certain defects. Difference of turnover between P & L account and balance sheet, on the one hand, and GSTR-9, on the other - HELD THAT:- As contended by learned counsel for the petitioner, the assessing officer has recorded findings without applying his mind to the fact that the turnover for an entity operating in multiple States in India, as reflected in the financial statements, and the turnover attributable to its operations in Tamil Nadu would vary. From the findings, it also appears that tax liability was imposed merely because the Chartered Accountant's certificate did not provide State-wise turnover. This finding does not stand to reason because only the bifurcation of total and Tamil Nadu turnover is germane. It also appears that GST has been imposed at 36% instead of the applicable rate of 18%. Even with regard to GST at 18%, from the return placed on record by the petitioner, it appears that the tax liability in respect of the turnover of Rs. 80,89,05,068/- was duly discharged. The total tax imposed under this head is about Rs. 14.56 crores and the patent errors justify interference with the assessment order even without examining the order in respect of other defects for which liability was imposed. Therefore, the impugned assessment order cannot be sustained. The impugned assessment order is quashed and the matter is remanded for reconsideration - assessing officer is directed to provide a reasonable opportunity to the petitioner, including a personal hearing, and thereafter issue a fresh assessment order in accordance with law - Petition allowed by way of remand.
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