Tvl. Sripathi Paper and Boards Private Limited Vs Assistant Commissioner (ST) (Madras High Court)
Madras High Court held that Input Tax Credit [ITC] amount erroneously stated in final portion of the order accordingly matter remanded for fresh consideration.
Facts- The petitioner is engaged in the business of manufacture of paper, paperboard in India with focus on recycled grades and specializes in the manufacture of duplex boards, kraft paper, writing and printing papers. The petitioner is a dealer registered under the TNGST Act and filed its returns periodically by paying appropriate taxes.
While so, on 18.08.2021, the petitioner was served with an Audit Note for audit of the financial years 2017-2018, 2018-2019 and 2019-2020 under TNGST Act. On completion of audit on 03.02.2022, an audit summary report was issued to the petitioner. The audit report pointed out several defects, in all 38 defects, relating to the assessment year 2018-2019.
Thereafter, show cause notice in Form GST DRC-01 dated 17.10.2022 was issued invoking Section 73 and 74 of the TNGST Act, wherein, the audit report was adopted and 38 defects were set out. The respondent thereafter proceeded to pass the impugned order of assessment dated 30.06.2023, wherein, 31 out of the 38 defects were confirmed, which is the subject matter of challenge in the present Writ Petitions.
