2024 (10) TMI 1298

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....r the Respondents: Mr. Rajeev Aggarwal, ASC along with Mr. Shubham Goel, Advocate ORDER 1. Issue notice. 2. Learned counsel for the respondents accept notice. 3. The petitioner has filed the present petition impugning the order dated 22.04.2024 (hereafter the impugned order) passed by the Adjudicating Authority under Section 73 of the Central Goods and Services Tax Act, 2017 (hereafter the CGS....

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....evant and are set out below:- "25. That the Noticee would like to submit that the exempted supply amounting to Rs. 22,18,41,157/- declared under Table 5D of Form GSTR-9 by the Noticee for the disputed period consists of two components i.e., Rs. 12,49,054/- as interest income and remaining amount of Rs. 22,05,92,103/ as sale of used motor vehicle under Rule 32(5) of the CGST Rules, 2017. Further,....

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....ble supply. 27. On perusal of the above submission, it is crystal clear that sales of used motor vehicles amounting to Rs. 22,05,92,103/- under Rule 32(5) of the CGST Rules, 2017 is not an exempted supply. It may be a procedural reporting error, but it can't be considered as an exempt supply under GST by any stretch of imagination therefore no ITC shall liable to be reversed u/s 17(2)." 6. ....