HC Directed Assessee to Avail Appellate Remedy Against ITC Disallowed by Dept. Due to Allegation of Circular Trading
- Blog|News|GST & Customs|
- < 1 minute
- By Taxmann
- |
- Last Updated on 28 December, 2023
Latest from Taxmann
Case Details: M&Arun Tex v. State Tax Officer - [2023] 157 taxmann.com 566 (Madras)
Judiciary and Counsel Details
-
- Krishnan Ramasamy, J.
- G. Natarajan for the Petitioner.
- T.N.C. Kaushik & A.G. Satyanarayana for the Respondent.
Facts of the Case
The petitioner was engaged in buying and selling of yarn. The department conducted search at its premises and issued notice to disallow ITC on ground of circular trading without movement of goods. Thereafter, the department passed an order disallowing ITC and levied interest & penalty. It filed writ petition against the order.
High Court Held
The Honorable High Court noted that the petitioner had filed reply to the notice but the department passed order disallowing ITC on ground that petitioner had indulged in creation of bogus invoices and it had not conducted any business activities. It was not the case of petitioner that no opportunity was afforded during adjudication of the proceedings.
Therefore, the Court dismissed the petition by holding that detailed order had been passed after giving sufficient opportunity and the appeal remedy was available to petitioner.
Disclaimer: The content/information published on the website is only for general information of the user and shall not be construed as legal advice. While the Taxmann has exercised reasonable efforts to ensure the veracity of information/content published, Taxmann shall be under no liability in any manner whatsoever for incorrect information, if any.
Taxmann Publications has a dedicated in-house Research & Editorial Team. This team consists of a team of Chartered Accountants, Company Secretaries, and Lawyers. This team works under the guidance and supervision of editor-in-chief Mr Rakesh Bhargava.
The Research and Editorial Team is responsible for developing reliable and accurate content for the readers. The team follows the six-sigma approach to achieve the benchmark of zero error in its publications and research platforms. The team ensures that the following publication guidelines are thoroughly followed while developing the content:
- The statutory material is obtained only from the authorized and reliable sources
- All the latest developments in the judicial and legislative fields are covered
- Prepare the analytical write-ups on current, controversial, and important issues to help the readers to understand the concept and its implications
- Every content published by Taxmann is complete, accurate and lucid
- All evidence-based statements are supported with proper reference to Section, Circular No., Notification No. or citations
- The golden rules of grammar, style and consistency are thoroughly followed
- Font and size that’s easy to read and remain consistent across all imprint and digital publications are applied
Sign Up
To subscribe to our weekly newsletter please log in/register on Taxmann.com
Latest Books
Everything on Tax and Corporate Laws of India
To subscribe to our weekly newsletter please log in/register on Taxmann.com
