2026 (3) TMI 1043

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....T 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 792030 792031 603615 0 2187676 2 Interest 661269 661270 503961 0 1826500 3 Penalty on amount in S.No.1 79203 79203 60362 0 218768   Total (1+2+3) 1532502 1532504 1167938 0 4232944 2. The learned counsel for the Petitioner submitted that a portion of the demand pertains to the excess claim of ITC amounting to a total sum of Rs. 3,97,983/- out of the above demand confirmed vide Impugned Order. 3. It is further submitted that in collateral proceedings initiated for the same Tax period vide Assessment order d....

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....nce of the reply to the Show Cause Notice in Form GST DRC 01 dated 20.05.2024. 6. At this stage, the learned counsel for the Petitioner submits that the Petitioner is however willing to pre-deposit 50% of the disputed tax for denovo adjudication and has also made a following endorsement to that effect in the Court bundle which has been extracted hereunder:- "The petitioner undertakes to deposit 50% of the tax demand less the amount adjudicated in Appellate order dated 16.12.2025, against assessment order dated 19.12.2024." 7. Under similar circumstances, Orders have been quashed and cases have been remitted back to the Respondent to pass a fresh order on terms subject to such Assessee depositing 25% to 100% of the disputed ta....