Ohm Srinivasa Paper Boards Pvt. Ltd. Vs Assistant Commissioner of Central GST and Central Excise (Madras High Court)
The Hon’ble Madras High Court in the case of M/s Ohm Srinivasa Paper Boards (P.) Ltd. v. Assistant Commissioner of Central GST and Central Excise [Writ Miscellaneous Petition (MD) Nos. 7930 and 7932 of 2022 dated July 03, 2024] directed the Assessee to pay balance amount for the past period in 12 monthly installments from August 01, 2024 to July 01, 2025, considering the accumulated losses and partial payment is already made, where the Assessee failed to discharge the liability as per law under Section 142 of the Central Goods and Services Act, 2017 (“the CGST Act”). Hence, the writ petition was disposed of.
Facts:
M/s Ohm Srinivasa Paper Boards (P.) Ltd. (“the Petitioner”) was the manufacturing company. The Petitioner had challenged the summary of the Order creating a demand under the existing laws under FORM GST DRC-07A, dated August 26, 2021 (“the Impugned Order”), in respect of arrears of tax on self-assessment under the provisions of Central Excise Act, 1944 (“the Central Excise Act”)., for the period between February, 2015 and June, 2017.
The demand itself was based on the self- assessment made by the Petitioner under Rule 6 of the Central Excise Rules, 2002 (“the Central Excise Rules”) read with the Central Excise Act. Initially, the Petitioner attempted to avail the amnesty under the Sabka Vishwas Scheme (Legacy Disputes Resolution), 2019 as announced by the Central Government by the Finance Act 2 of 2019. However, the Petitioner failed to pay the admitted liability before the authorities and thus, was not able to avail the benefits of the scheme.
