Case Law Details
Golden Mandir Retail Private Limited Vs Assistant Commissioner (ST) (FAC) (Madras High Court)
Introduction: The judgment in Golden Mandir Retail Pvt. Ltd. Vs Asst. Commissioner (ST) (FAC) by the Madras High Court pertains to an assessment order dated 29.12.2023, focusing on Discrepancy Nos.1, 2, 10, and 11. The petitioner, engaged in textiles and Hyundai Motor Vehicles business, contested the imposition of taxes, penalties, and interest based on discrepancies identified in an audit.
Detailed Analysis:
1. Discrepancy No.1 – Non-GST Supplies: The petitioner argued that trade discounts from suppliers were erroneously categorized as non-GST supplies. Despite providing evidence, including financial credit notes, the assessing officer imposed tax, interest, and penalties. The court found the imposition unjustified, directing a reevaluation of the petitioner’s status as a non-GST supplier.
2. Discrepancy No.2 – Mismatch in Returns: While the assessing officer acknowledged no discrepancies in CGST and SGST returns, they alleged a short payment under IGST without prior mention in the show cause notice. The court deemed this irregular and ordered a fresh show cause notice for proper assessment.
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