TaxTMI 
TaxTMI 
2024 (12) TMI 871
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....H. Present: For the Petitioner: Mr. Kavita Jha, Senior Advocate, (through VC mode), Mr. Shammi Kapoor, Advocate, Mr. Vishal Kumar, Advocate, (through VC mode), and Mr. Ajiteshwar Singh, Advocate,. For the Respondents - CBIC: Mr. Sourabh Goel, Senior Standing Counsel,. SANJEEV PRAKASH SHARMA, J (ORAL) 1. Petitioner, by way of present writ petition, assails the proceedings initiated by the res....
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.... who are ready to get audit done for the year 2022-23. 4. Learned Senior counsel for the petitioner has also pointed out that for FY 2018-19, a demand has been raised totalling to Rs. 94,86,762/-, which was later on dropped, and an amount of Rs. 11,84,867/- was confirmed towards the excess Input Tax Credit (ITC). In view thereto, there was no occasion for the respondents to initiate the audit afr....
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..... (4) The audit under sub-section (1) shall be completed within a period of three months from the date of commencement of the audit: Provided that where the Commissioner is satisfied that audit in respect of such registered person cannot be completed within three months, he may, for the reasons to be recorded in writing, extend the period by a further period not exceeding six months. Expla....
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....ons and the reasons for such findings. (7) Where the audit conducted under sub-section (1) results in detection of tax not paid or short paid or erroneously refunded, or input tax credit wrongly availed or utilised, the proper officer may initiate action under section 73 or section 74." 6. From the perusal of the aforesaid provision, it is apparent that the Commissioner can conduct the audit at....