TMI Blog2024 (4) TMI 770X X X X Extracts X X X X X X X X Extracts X X X X ..... ted as ITC tallies with the value of credit notes issued by the petitioner. If such exercise had been carried out, it would become clear as to whether there was revenue loss by way of excess availment of ITC. Since such exercise was not carried out and findings were recorded confirming the tax demand merely because credit notes were not duly reported in GSTR 1 or in the auto populated GSTR 2A, the impugned order calls for interference on this issue. As regards the provision of a Chartered Accountant's certificate to explain the discrepancy to the extent of about Rs. 53,18,913/-, the impugned order merely records that the certificate issued by the Chartered Accountant and the petitioner's reply are not accepted. It is unclear as to w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... contended that the discrepancy arose on account of about three reasons. The first of these was the issuance of credit notes by the petitioner to the recipient of services. Since it was the first year of implementation of GST statutes, learned counsel submitted that such credit notes were not reflected under the 9B heading of the GSTR 1 statements and instead reflected in the heading relating to B2C (others) transactions. By adverting to the petitioner's reply in this regard, he pointed out that the petitioner stated that the credit notes were erroneously reported as Input Tax Credit and that there was no revenue impact as a consequence. He further submitted that the relevant credit notes were enclosed. As regards other reasons for the d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ith the above contentions by recording the following findings: The contention of taxpayer is, the above credit note for Rs. 4,08,39,428.00 was wrongly taken into in the ITC register for the month of January 2018, but on verification of the GSTR - 1, it is noticed there is no such invoices and credit notes has been reported further, the Government has announced any omission of datas has to be reported opportunity for the tax period 2017-18 time extended still 23.04.2019. But the taxpayer has not reported for the credit notes in the GSTR - 1. Further on verification of the GSTR - 2A of the recipient of Tvl.Tamil Nadu Civil Supplier, neither the above invoice nor the credit notes reflected for the period from 01.07.2017 to 23.04.2019. In the v ..... X X X X Extracts X X X X X X X X Extracts X X X X
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