2025 (5) TMI 378

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....i Metals Pvt. Ltd., (hereinafter referred to as the "transferor company") which has incidentally merged with the petitioner under a Scheme of amalgamation sanctioned by the National Company Law Tribunal, Kolkata Bench on January 30, 2024 with effect from April 1, 2022, the instant writ petition has been filed. 3. Mr. Jhunjhunwala, learned advocate representing the petitioner by drawing attention of this Court to the Circular No.123/42/2019-GST dated November 11, 2019 would submit that a clarification has been afforded by the Government of India, Ministry of Finance, Department of Revenue, Central Board of Indirect Taxes and Customs with regard to availment of Input Tax Credit (ITC) in terms of the sub-rule (4) of Rule 36 of CGST Act, 2017 ....

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....f notice issued by the authorities in the form of GST DRC-01A (pre-show-cause notice) was accepted and on the basis thereof had dropped the proceedings though by issuing a show-cause notice under DRC-O1 dated December 15, 2022. 5. He would submit that an identical issue had once been racked up when the respondents for the tax period April 2018 to March 2019, after conducting an Audit, by issuing the show-cause dated September 4, 2023, claiming that there was excess availment of ITC to the extent of Rs. 184,15,985/- since there was a difference in GSTR-2A with GSTR-3B. According to the petitioner, the aforesaid issue had already been considered by the respondents while dropping the previous charges. Unfortunately, on this occasion, the tran....