Case Title | Sri Shanmuga Hardwares Electrical vs The State Tax Officer |
Court | Madras High Court |
Honorable Judges | JUSTICE SENTHILKUMAR RAMAMOORTHY |
Citation | 2024 (02) GSTPanacea 20 HC Madras Writ Petition Nos.3804, 3808 & 3813 of 2024 and W.M.P.Nos.4105, |
Judgment Date | 20-February-2024 |
The petitioner is challenging three separate assessment orders, each dated 30.09.2023, pertaining to the assessment years 2017-2018, 2018-2019, and 2019-2020, through three distinct writ petitions. The petitioner’s business involves trading in electrical products and hardware.
The petitioner in this case asserts that nil returns were mistakenly and unintentionally filed in the GSTR-3B returns for certain assessment periods, resulting in the denial of Input Tax Credit (ITC). They argue that they are entitled to claim ITC for those periods, as evidenced by the information in the GSTR-2A returns. Additionally, they claim that their GSTR-9 annual returns accurately reflected their ITC claims. The petitioner contends that the rejection of their ITC claim stems solely from their failure to claim ITC in the GSTR-3B returns.
The petitioner’s legal counsel highlighted that the petitioner responded to the show cause notice, emphasizing that the eligible ITC for each assessment period exceeded the tax liability. Upon reviewing the impugned orders, the counsel argued that the rejection of the ITC claim was solely based on the petitioner’s omission to claim ITC in the GSTR-3B returns.
During the proceedings, Mr. T.N.C. Kaushik, the learned Additional Government Pleader, likely presented the government’s perspective or defense on the matter. However, further details regarding his argument or stance are not provided in the summary.
The petitioner in this case asserts that nil returns were mistakenly and unintentionally filed in the GSTR-3B returns for certain assessment periods, resulting in the denial of Input Tax Credit (ITC). They argue that they are entitled to claim ITC for those periods, as evidenced by the information in the GSTR-2A returns. Additionally, they claim that their GSTR-9 annual returns accurately reflected their ITC claims. The petitioner contends that the rejection of their ITC claim stems solely from their failure to claim ITC in the GSTR-3B returns.
The petitioner’s legal counsel highlighted that the petitioner responded to the show cause notice, emphasizing that the eligible ITC for each assessment period exceeded the tax liability. Upon reviewing the impugned orders, the counsel argued that the rejection of the ITC claim was solely based on the petitioner’s omission to claim ITC in the GSTR-3B returns.
During the proceedings, Mr. T.N.C. Kaushik, the learned Additional Government Pleader, likely presented the government’s perspective or defense on the matter. However, further details regarding his argument or stance are not provided in the summary.
The assertion of eligibility for Input Tax Credit (ITC) by a registered person based on GSTR-2A and GSTR-9 returns warrants scrutiny by the assessing officer to determine the validity of the claim. This involves examining all pertinent documents, which may necessitate requesting additional documentation from the registered person. In a specific case, it seems that the ITC claim was rejected solely because it wasn’t reflected in the GSTR-3B returns. Consequently, there’s a justification for intervening with the contested orders in this instance.
The orders being challenged in this case have been invalidated, and the matters are being sent back for review. The petitioner is allowed to submit all relevant documents related to its Input Tax Credit (ITC) claims to the assessing officer within two weeks of receiving a copy of this ruling. Once the documents are received, the respondent (authority) must give the petitioner a fair chance to present their case, including a personal hearing, and then issue new assessment orders within a reasonable timeframe.