Interest U/s. 73 & 74 attracted only on wrong availment & utilisation of such ITC

Aathi Hotel Vs Assistant Commissioner (ST) (FAC) (Madras High Court) In the case of Aathi Hotels Madras High Court has observed that “ Be that as it may, if the Show Cause Notice issued to the petitioner on 09.05.2019 is to be construed as a notice under Section 74 of the TNGST Act, 2017, the Show Cause Notice should have specifically invoked the ingredients of Section 74(1) of the TNGST Act, 2017. However, the said notice merely states that due to the unavailability of documents to prove admissibility of the ITC, Assessment under Section 74 is proceeded. Thus, the Show Cause Notice dated...