2024 (5) TMI 46

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.... AND HON'BLE MR. JUSTICE RAVINDER DUDEJA Advocates who appeared in this case: For the Petitioner: Mr. Ruchir Bhatia and Ms. Deeksha Gupta, Advocates. For the Respondent: Mr. Rajeev Aggarwal, ASC. JUDGMENT SANJEEV SACHDEVA, J. (ORAL) 1. Petitioner impugns order dated 31.12.2023 whereby the impugned Show Cause Notice dated 24.09.2023 proposing a demand of Rs. 17,89,56,282.00/- ....

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....of output tax; excess claim of Input Tax Credit ["ITC"]; Scrutiny of ITC 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 disclosures under each of the heads. 5. The im....

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....x and interest is to be given while Section 73(9) prescribes for imposition of penalty equivalent to 10% of tax or Rs. 10000/- whichever is higher in case reply is not found to be satisfactory. Now, therefore, the undersigned is left without any option and accordingly, a demand is being created towards Tax /interest amount already confirmed through SCN/DRC-01 (Copy attached) in accordance with the....

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....reflect that any such opportunity was given to the Petitioner to clarify its reply or furnish further documents/details. 8. In view of the above, the impugned order dated 31.12.2023 cannot be sustained, and the matter is liable to be remitted to the Proper Officer for re-adjudication. Accordingly, the impugned order dated 31.12.2023 is set aside and the matter is remitted to the Proper Officer ....