2026 (2) TMI 275

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....cate for the Respondent. 3. The petitioner is before this Court against the impugned order dated 20.08.2024. By the impugned order, the demand proposed in Show Cause Notice in Form DRC-01 dated 22.05.2024 issued for the tax period April 2019- March 2020 has been confirmed. The revenue abstract of the demand confirmed against the petitioner is under: S. No. Issue SGST CGST IGST CESS Total 1 2 3 4 5 6 7 1 Total tax due in (Under declaration of output tax)+(Excess claim of ITC) above 256298 256298 0 0 512596 2 Interest 216670 216670 0 0 433340 3 Penalty on amount in S.No.1 25630 25630 0 0 51260   Total (1+2+3) 498598 498....

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....e limitation only for recovery of tax and not for determination of tax cannot be countenanced. The expression used in the notification as under: Notification No.9/2023-C.T., dated 31.03.2023 "hereby, extends the time limit specified under subsection (10) of section 73 for issuance of order under sub-section (9) of section 73 of the said Act, for recovery of tax not paid or short paid or of input tax credit wrongly availed or utilised, relating to the period as specified below namely:- (i) for the financial year 2017-18, up to the 31st day of December, 2023; (ii) for the financial year 2018-19, up to the 31st day of March, 2024; (iii) for the financial year 2019-20, up to the 30th day of June, 2024." Notification No.56/2023....

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....9. Within such time, the petitioner shall also file a reply to the Show Cause Notice in DRC-01 dated 22.05.2024, together with requisite documents to substantiate the case by treating the impugned order dated 20.08.2024 as an addendum to the Show Cause Notice in DRC-01 dated 22.05.2024. 10. Any amount which has been recovered from the petitioner or paid by the petitioner towards the tax liability confirmed vide impugned order dated 20.08.2024 shall be adjusted towards the pre-deposit of 50% of the disputed tax. 11. In case the Petitioner complies with the above stipulations, the Respondent shall proceed to pass a final order on merits and in accordance with law as expeditiously as possible, preferably, within a period of three (3) mon....