9911796707
TMI Blog2023 (11) TMI 775X X X X Extracts X X X X X X X X Extracts X X X X ..... pesh Kathiriya for the respondent - State who appeared on advance copy. 2. Challenge in this petition is to the show-cause notice dated 29.09.2023 issued by the respondents. Shortly stated, it is the case of the petitioner that Tikona Infinet Private Limited is a transferee company which had pursuant to Business Transfer Agreement with one Tikona Digital Networks Private Limited as per Section 18(3) of the Central Goods and Service Tax Act, as a registered company, allowed to transfer the business and the Input Tax Credit lying un-utilized in its Electronic Credit Ledger. 3. Learned advocate Mr. Paranjape for the petitioner submitted that as per Rule 41(1) of the Central Goods and Services Rules a registered person intending to transfer t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... No. 73 to indicate the discrepancies in the figures. 6. Considering the submissions made by the learned advocates for the respective parties and having perused the show-cause notice dated 29.09.2023, the petitioner is directed to file a response to the show-cause notice within 2 weeks from the date of receipt of copy of this Court. As soon as the petitioner responds to the show-cause notice, the respondents are directed to consider the case of the petitioner in light of its own case which was decided by the Division Bench of Allahabad High Court in Writ Tax No. 859 of 2023. Considering the identical issue where the Division Bench of the Allahabad High Court held as under:- "Heard Sri Nishant Mishra, learned counsel for the petitioner an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... filing Form IT-02 was not available on the common portal. The non availability was communicated to the jurisdictional Assessing Authority. No response was received. Faced with serious working capital issues, the petitioner manually accepted and availed the ITC of Rs. 3,13,68,997/-. After a lapse of five years, the petitioner was served with a show cause notice dated 28.2.2023 requiring the petitioner to serve the differential ITC of Rs. 2,88,35,905.60/- along with interest and penalty. The total ITC available in Form GSTR-2A is Rs. 2,22,24,921.08/- whereas petitioner availed the ITC of Rs. 5,10,60,826.68/-. The petitioner submitted a detailed reply against the show cause with a prayer to withdraw the show cause notice. It is alleged that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... relevant Form to go live on the GST portal instead of making illegal adjustment by use of the Form GSTR-3B of the transferor and the transferee company and mere shortage of working capital cannot be an excuse to bypass the legal procedure laid down under the law. We are of the view that the stand of the Respondent No. 2, for rejecting the claim of the petitioner in the wake of the admitted fact that the GST common portal was not online cannot be justified. We consequently set side the order dated 17.04.2023 with liberty to the Respondent No.2 to pass fresh order taking into consideration the objections of the petitioner and also affording it opportunity of hearing, strictly in accordance with law. The writ petition is accordingly disp ..... X X X X Extracts X X X X X X X X Extracts X X X X
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