Duty scrip treated as Turnover without opportunity to petitioner: HC directs fresh order

Larsen & Toubro Limited Vs Assistant Commissioner (ST)(FAC) (Madras High Court)

In a significant ruling, the Madras High Court has directed a fresh order concerning the treatment of duty scrip as turnover, following Larsen & Toubro Limited’s dispute with the Assistant Commissioner.

An order dated 30.12.2023, pertaining to the assessment period 2017-18, is challenged in W.P. No.8559 of 2024. Another order rejecting the rectification petition is challenged in W.P.No.8607 of 2024.

After the issuance of intimation dated 30.06.2023, a show cause notice was issued on 30.09.2023, responding to several defects. The petitioner replied to the show cause notice on 04.10.2023, following which the impugned order in original was issued on 30.12.2023.

Learned counsel for the petitioner focused on four key issues in the impugned order. The first issue pertains to discrepancies between the GSTR 3B return and the auto-populated GSTR 2A return. The second issue deals with the imposition of cess. The third issue is regarding the receipt of scrips by the petitioner, and the last issue pertains to corporate social responsibility obligations.

Please become a Premium member. If you are already a Premium member, login here to access the full content.