2026 (6) TMI 573

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....B M SHYAM PRASAD For the Petitioner : Sri. Subramanya K, Advocate For the Respondents : Sri. K Hema Kumar., Aga ORAL ORDER: The petitioner is aggrieved by the Order dated 04.10.2023 [Annexure-A] under Section 73 of the Karnataka Goods and Services Tax Act, 2017 [for short, 'the Act'], and this impugned order is because of the allegation that the petitioner has claimed excess 'Input Tax....

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....ce environment during the initial implementation phase, and in the month of December 2017, an inadvertent error occurred wherein Input Tax Credit amounting to Rs.3,39,066/- was mistakenly availed under the IGST column. Upon noticing the said mistake, We voluntarily reversed the entire credit in the month of July 2019, without any prompting from the department. It is further submitted that....

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....ndents, is heard in the light of these circumstances as also Sri K Subramanya's submissions that if an opportunity was extended as contemplated under Section 75[4] of the Act, the petitioner could have demonstrated the inadvertent error in availing Input Tax Credit under the IGST Column and voluntarily reverse the entire credit. Sri K Hemakumar submits the following. [a] The authority did....

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....for due consideration with an opportunity to the petitioner to file a detailed response in the line of the defense that is set up in the rectification order as that would enable an adjudication on whether an inadvertent claim has been voluntarily reversed and whether that course of action could permit the petitioner to avoid liabilities. 5. As regards the suspension of the GST registration, thi....