2024 (5) TMI 1313

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....9.2023, proposing a demand of Rs. 8,79,33,598.00/- against the Petitioner has been disposed of and a demand including penalty has been created against the Petitioner. The order has been passed under Section 73 of the Central Goods and Services Tax Act, 2017 (hereinafter referred to as the Act). 2. Learned counsel for Petitioner submits that Petitioner had filed a detailed reply dated 30.10.2023 and uploaded it online on 01.11.2023 and 07.11.2023. However, the impugned order dated 29.12.2023 does not fully take into consideration the reply submitted by the Petitioner and has passed a cryptic order. 3. Perusal of the Show Cause Notice shows that the Department has raised grounds under separate headings i.e., under declaration of output ....

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.... 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 taxpayer examined and found not satisfactory, as the taxpayer could not provide the supporting documents to fulfil the conditions of section 16 (2). And whereas, further as per section 73 (7) notice of tax and interest is to be given while section 73 (9) prescribed for imposition of penalty equivalent to 10% of tax or Rs. 10000/- whichever is higher. The penalty is consequently and mandatory as per Act. As such the registered person is liable to pay p....