2024 (7) TMI 168

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....or the Petitioner : Mr. G. Natarajan For the Respondent : Mr. V. Prashanth Kiran, GA (T) ORDER In this writ petition, the order dated 02.02.2024 with regard to the imposition of tax, interest and penalty is challenged. The petitioner is engaged in the business of trading of metal scraps. A surprise inspection was conducted at the petitioner's registered place of business and other bra....

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.... to the order impugned herein, learned counsel submitted that the respondent noticed that certain suppliers (named in the impugned orders) had generated fake invoices and, on that basis, concluded that the petitioner acted as an intermediary in bill trading transactions. Merely because there were transactions between the petitioner and Sonali Extrusion Private Limited or between the petitioner and....

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....e relied on a judgment of the Kerala High Court in C.Prasannakumaran Unnithan v. The Commissioner of Income Tax (Appeals) and another, order dated 21.09.2023 in W.P(C) No.30276 of 2023. 4. On instructions, learned counsel for the petitioner submits that the petitioner is ready and willing to remit 10% of the disputed tax demand under the impugned order as a condition for remand. 5. The docum....

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....aking into account documents that the petitioner claims is in his possession. When these facts and circumstances are considered cumulatively, a case is made out to provide the petitioner another opportunity, albeit by putting the petitioner on terms. 6. Therefore, the order impugned herein is set aside subject to the condition that the petitioner remits 10% of the disputed tax demand under the ....