9911796707
TMI Blog2024 (7) TMI 54X X X X Extracts X X X X X X X X Extracts X X X X ..... dated 09.08.2023. In such show cause notice, it was alleged that the petitioner is not entitled to ITC because the supplier was non existent. The petitioner replied to the show cause notice on 08.11.2023 and asserted that only eligible ITC was availed of. In order to establish that the supply was genuine, the petitioner enclosed the tax invoice, bank statement, e-way bill and the GSTR 2A. The impugned order was issued in these facts and circumstances. 3. Learned counsel for the petitioner submits that ITC was denied to the petitioner in spite of the petitioner submitting the relevant tax invoice, e-way bill and bank statement. In fact, learned counsel points out that the supplier had filed returns during the relevant period, and that thes ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed on the prior investigation, scrutiny and analysis by the Department's Investigation Wing which is normal in the course of any inspection process. The document requested is only an official information and instructions to proceed further action by the proper officer. The reasons for proposing reversal of input tax credit on the grounds that the taxpayer has wrongly availed and utilized input tax credit by issuing invoices only without movement of goods has been clearly mentioned in the intimation notice. Though the taxpayer stated that they possess documents like invoices, it has been substantiated beyond doubt by the intelligence authorities that the suppliers are indulged in fraudulent activities. The suppliers have issued fake in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... etitioner on terms. On instructions, learned counsel for the petitioner states that the petitioner agrees to remit 20% of the disputed tax demand as a condition for remand, after giving credit to amounts, if any, already remitted by the petitioner. 9. For reasons set out above, impugned order dated 07.03.2024 is set aside subject to the condition that the petitioner remits 20% of the disputed tax demand, in the aggregate, after giving credit to amounts remitted earlier within three weeks from the date of receipt of a copy of this order. In case the respondent intends to proceed against the petitioner on the basis that the supplier's invoices were fake, the respondent is directed to provide particulars and any documents relied upon in s ..... X X X X Extracts X X X X X X X X Extracts X X X X
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