2024 (4) TMI 296

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....d steel. Pursuant to show cause notice dated 30.06.2023, the petitioner replied on 08.09.2023. The order impugned herein was issued thereafter on 01.03.2024. 2. Learned counsel for the petitioner pointed out that the first issue relates to the issuance of credit notes by the supplier. As regards this issue, he submitted that arguments were advanced in course of W.P.No.8898 of 2024 and that the matter was remanded to the assessing officer based on such contentions. With regard to the issue relating to freight, learned counsel referred to the reply to the show cause notice and pointed out that the petitioner had placed on record sample invoices. The petitioner had also bifurcated amounts paid towards freight for the Hosur unit, which is th....

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....is that the items indicated in the tables do not qualify for Input Tax Credit, he contended that the fact that the petitioner was not eligible for Input Tax Credit is evident from the details set out in the impugned order in the form of tables. 4. With regard to the issue relating to the issuance of credit notes, in W.P.No.8898 of 2024, the impugned order was set aside and the matter was remanded for re-consideration upon considering the submissions of learned counsel for the petitioner to the effect that lower Input Tax Credit was availed of in the subsequent months and that no revenue loss was occasioned as a result. The same reasons hold good in this writ petition also. As regards the imposition of GST of freight charges, the petition....

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....56 of the typed set. In relation thereto, the following finding was recorded: "I have carefully perused the reply sample invoice filed by the tax payer for availed ineligible ITC U/s 17(5). On verification documents filed by the tax payer and GSTR 2A it is found that the tax payer's have availed Input Tax Credit which are blocked credit U/s 17(5) not being for furtherance of business. Hence ITC is disallowed as not eligible. IGST tax due : Rs.15,255 CGST Tax due : Rs.12,41,858/- SGST Tax due : Rs.12,41,858/- Total Tax due : Rs.24,98,971/- The Taxpayer instructed to pay the tax and Penalty under section 74, and also interest under section 50 of the TNGST Act, 2017." 6. Except for h....