TMI Blog2022 (7) TMI 1019X X X X Extracts X X X X X X X X Extracts X X X X ..... Interchem Private Limited. It was stated that the said Siddharth Interchem Private Limited would be using the plot for manufacturing operations. It further appears that the petitioner received impugned recovery notice as is styled by the petitioner in relation to the said transaction - On bare reading of the said communication dated 28.05.2021, described by the petitioner as recovery notice , we find that it is a mere communication from respondent No.3. We are at a loss at to why such communicative exercise has been undertaken by the department. Be that as it may. It is clearly stated that the petitioner has misconstrued the simple communication letter as recovery notice and filed the present petition taking such an insignificant gr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tioner purchased the Plot Nos. 2201 and 2202 in the Ankleshwar Industrial Area of Gujarat Industrial Development Corporation. Deed of Assignment-cum- Slup Deed dated 28.10.2010 was executed. Subsequently, the petitioner sold of the said property by sale deed dated 08.06.2018 transferring rights thereunder to one Siddharth Interchem Private Limited. It was stated that the said Siddharth Interchem Private Limited would be using the plot for manufacturing operations. It further appears that the petitioner received impugned recovery notice as is styled by the petitioner in relation to the said transaction. 3.1 In the recovery notice it was inter alia stated thus: As you have agreed to transfer your rights and have received consideratio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the petitioner, a simple letter/communication dated 28/5/2021 was issued to them for submitting pending documents and also informing them the legal provisions related to the transactions undertaken by the petitioner and requesting them to voluntarily pay the applicable GST along with interest penalty in view of the legal provisions quoted in the said letter. The petitioner has misconstrued this simple communication letter as recovery notice and filed the present petition taking such an insignificant ground. The correct course of action, as followed by the various other taxpayers to whom identical letter were issued on the same issue, was to either correctly self-assess the GST liability on the said issue and/or if not agreeing with the d ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
