9911796707
TMI Blog2024 (10) TMI 1298X X X X Extracts X X X X X X X X Extracts X X X X ..... or the Respondents: Mr. Rajeev Aggarwal, ASC along with Mr. Shubham Goel, Advocate ORDER 1. Issue notice. 2. Learned counsel for the respondents accept notice. 3. The petitioner has filed the present petition impugning the order dated 22.04.2024 (hereafter the impugned order) passed by the Adjudicating Authority under Section 73 of the Central Goods and Services Tax Act, 2017 (hereafter the CG ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... levant and are set out below:- "25. That the Noticee would like to submit that the exempted supply amounting to Rs. 22,18,41,157/- declared under Table 5D of Form GSTR-9 by the Noticee for the disputed period consists of two components i.e., Rs. 12,49,054/- as interest income and remaining amount of Rs. 22,05,92,103/ as sale of used motor vehicle under Rule 32(5) of the CGST Rules, 2017. Further ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... able supply. 27. On perusal of the above submission, it is crystal clear that sales of used motor vehicles amounting to Rs. 22,05,92,103/- under Rule 32(5) of the CGST Rules, 2017 is not an exempted supply. It may be a procedural reporting error, but it can't be considered as an exempt supply under GST by any stretch of imagination therefore no ITC shall liable to be reversed u/s 17(2)." 6. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ajeev Aggarwal, learned counsel appearing for the respondents submits that the matter may be remanded to the Adjudicating Authority for consideration afresh. 9. In view of the above, the impugned order is set aside and the matter is remanded to the Adjudicating Authority for considering afresh. 10. The Adjudicating Authority shall pass an order as expeditiously as possible and in any event, with ..... X X X X Extracts X X X X X X X X Extracts X X X X
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