2026 (1) TMI 630

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....learned Senior Standing Counsel for Central Board of Indirect Taxes and Customs, appearing for respondents No.1 and 2 and Mr. N. Praveen Reddy, learned Standing Counsel for ICICI Bank Limited, appearing for respondent No.3. 2. The impugned Order-In-Original (OIO) dated 20.08.2024 for the financial year 2024-25 has confirmed the demand of Rs.4,38,566/- towards short payment of GST, comprising CGST and SGST, under the provisions of Section 73(9) of the Central Goods and Services Tax Act, 2017 (for short, 'the CGST Act'), interest under Section 50(1), and imposed penalty of Rs. 43,856/- under Section 73(9). It has also confirmed the demand of Rs. 11,374/- for wrongful availment of Input Tax Credit (ITC) under Section 73(9), interest under S....

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....6/-. 6. Learned Assessing Officer observed that the petitioner, a registered firm, was required to rectify such error or omission in the manner prescribed within the period prescribed. It failed to rectify the error in the manner prescribed under Section 37 of the CGST Act. Therefore, its reply was not satisfactory. 7. Learned counsel for the respondents submits that in the instant case, the petitioner filed GSTR-1 which had a difference with its GSTR-3B. It is not a case that the petitioner was a purchaser, but, as a supplier, it failed to deposit the taxes and the statement containing the details of deposit of tax is not reflected in GSTR-2A. Therefore, the impugned OIO does not suffer from any error. 8. In respect of second alle....