9911796707
TMI Blog2024 (5) TMI 1313X X X X Extracts X X X X X X X X Extracts X X X X ..... he Appellant: Mr. Aayush Aggarwal, Advocate. For the Respondent: Mr. Rajeev Aggarwal, ASC with Ms. Shaguftha H. Badhwar & Mr. Prateek Badhwar & Ms. Samridhi Vats, Advocates. JUDGMENT SANJEEV SACHDEVA, J. (ORAL) 1. Petitioner impugns order dated 29.12.2023, whereby the impugned Show Cause Notice dated 24.09.2023, proposing a demand of Rs. 8,79,33,598.00/- against the Petitioner has been dis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... availed; ITC to be reversed on non-business transaction and exempt supplies; under declaration of ineligible ITC and ITC claimed from cancelled dealers, return defaulters and tax non-payers. To the said Show Cause Notice, a detailed reply was furnished by the petitioner giving detailed disclosures under each of the heads with supporting documents. 4. The impugned order however, after recording t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nation submitted by the taxpayer examined and found satisfactory and considered accordingly. * Under declaration of ineligible ITC: Explanation submitted by the taxpayer examined and found not-satisfactory and not considered, as the taxpayer could not provide the supporting documents. * ITC claimed from cancelled dealers, return defaulters & tax non payers: Explanation submitted by the taxpa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he petitioner. Proper Officer had to at least examine the complete reply along with documents submitted by the petitioner and then form an opinion. He merely held that the reply filed by the petitioner is partially found non satisfactory which ex-facie shows that Proper Officer has not applied his mind to the complete reply submitted by the petitioner. 6. The impugned order dated 29.12.2023 is ac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a supplementary reply within two weeks from today in support of his reply to the Show Cause Notice and thereafter the Proper Officer shall re-adjudicate the Show Cause Notice after giving an opportunity of personal hearing and shall pass a fresh speaking order in accordance with law within the period prescribed under Section 75 (3) of the Act. 9. It is clarified that this Court has neither consi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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