2024 (8) TMI 766

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....rthy For the Petitioner : Mr. G. Gokul Kishore For the Respondents : Mr. V. Prashanth Kiran, Government Advocate (Tax) ORDER An order in original dated 17.11.2023 is assailed on the ground of non-application of mind and failure to consider the material placed on record by the petitioner. 2. The petitioner received a show cause notice dated 09.05.2023 in respect of multiple heads of ....

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....S, he submits that the reconciliation provided by the petitioner was disregarded while arriving at the conclusion. As regards the tax proposal relating to excess availment of Input Tax Credit, he submits that the petitioner had submitted certificates from suppliers but not from the Chartered Accountant of such suppliers. 4. In addition to all these submissions, learned counsel for the petitione....

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....lected in the financial statement were not paid within the 180 day period. This conclusion is entirely speculative and, therefore, calls for interference. As regards the tax proposal relating to excess input tax credit being availed, in respect of supplies where the difference in ITC is more than Rs. 5 lakhs, the petitioner should have produced certificates from the chartered accountants of the su....

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....g amounts payable with regard to tax proposals that appear to be prima facie untenable, revenue interest is required to be protected. Towards such end, the petitioner is directed to remit a sum of Rs. 25 lakhs towards the disputed tax demand within 15 days from the date of receipt of a copy of this order. On instructions, learned counsel for the petitioner submits that the petitioner agrees to mak....