TaxTMI 
TaxTMI 
2024 (10) TMI 969
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.... show cause notice dated 1st/3rd August, 2024 passed under Section 74 of the Central Goods and Services Tax Act, 2017 (hereinafter referred to as the "said Act') in DRC 01, for the tax period 2017-18 to 2020-21, the instant petition has been filed. 2. The petitioner claims to be engaged in the business of flour milling industry. It provides services of milling, fortification and packing of wheat and converting the same into fortified atta and packing thereof. In usual course, the petitioner claims to have entered into a contract with the Governor to the State of West Bengal represented by the District Controller of Food and supplies for conversion of wheat into atta. As per the contractual terms, the wheat shall be provided by the State ....
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....ntage of value of goods in the total value of composite supply for the purpose of Notification No. 2/2018-Central Tax (Rate)?" 4. He submits that the said Advance Ruling Authority by taking into consideration the relevant notifications and the milling fortification, packing and other related process in relation to the contract being executed by the petitioner had observed that the non cash consideration for by-products and gunny bags allowed to the flour miller is Rs.124 for each 100 Kg of wheat. Following the above, it had concluded that the total value of supply to be Rs.260.48 per quintal, out of which Rs.136.48 is the cash consideration and Rs.124 is the non cash consideration. Accordingly, the amount of Rs.124 for each quintal of wh....
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.... said Act by observing as follows:- "13.1. In terms of explanation 2 of Section 74, the expression "suppression" shall mean non-declaration of facts or information which a taxable person is required to declare in GSTR returns under GST Act. But in the insant case the taxpayer has declared transaction vlue of the said composite supply as Rs.136.48 per quintal of wheat instead of established (as above) transaction value of Rs.260.48 per quintal of wheat by way of suppressing the transaction value of Rs.124/- per quintal of wheat". 6. Since the aforesaid, according to the petitioner could not constitute suppression, having regard to the Advance Ruling issued under Section 97 of the said Act, there was no justification in invoking t....
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....heard. 10. Considering the prima facie case made out by the petitioner, especially considering the advance ruling, however, at the same time noting that a show cause has been issued, I am of the view that the petitioner is entitled to a limited interim protection. 11. In view thereof, I grant liberty to the petitioner to respond to the aforesaid show cause dated 1st/3rd August, 2024. Taking into consideration the fact that the writ petition has been affirmed on 30th August, 2024, and since, the time to file response has already expired, the petitioner shall be at liberty to file its response within a period of thirty days from date. 12. In the event, the petitioner responds to the aforesaid show cause within the aforesaid period or....