2025 (11) TMI 235

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....the Respondent : Mr. K. Mohanamurali Senior Standing Counsel ORDER The Petitioner is before this Court against the impugned Order-in- Original No.13/23 dated 13.10.2023. By the impugned order, a part of the proposals in Show Cause Notice No.01/2023(GST) dated 10.01.2023 to impose penalty under Section 11AC(1)(c) of the Central Excise Act, 1944 read with Section 122(2)(b) of the CGST Act, 201....

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....c) I impose a penalty of Rs. 12,24,184/- under Section 11AC(1)(c) of the Central Excise Act, 1944, read with Section 122(2)(b) of the CGST Act, 2017, against the demand confirmed in (a) above, as discussed supra in para 5." 2. The facts on record reveals that the Petitioner had certain slow moving stocks and had thus reversed the proportionate input tax credit on 23.10.2019. The Petitioner was ....

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....tained sufficient balance in their credit ledger till the payment of attributable Cenvat against the subject obsolete/slow moving inputs." 4. Thus, the only issue that arises for consideration is whether the Writ Petition is maintainable in view of the alternate remedy under Section 107 of the respective GST enactments before the appellate authority and whether the Petitioner is entitled for th....

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....rvation of the first respondent by placing reliance on the decisions of the Hon'ble Supreme Court referred to supra, is also not relevant as Section 74 of the CGST Act deals with a situation where the credit is availed or utilized by reason of fraud or any willful misstatement or suppression of facts." 5. This view has also been followed by this Court in the case of Fairmacs Shipstores Priv....