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4. Details of demand
(Amount in Rs.)
Signature :
Government of India
26/ADJ/CGST/DIV-IMP/2023-24
HT31H. /ORDER-IN-ORIGINAL No.
4TTÓEDate of order:
Shri DEBASHIS CHOWDHURY
RIYRGI Passed by: ASSISTANT COMMISSIONER
TAX
CENTRAL GOODS AND SERVICE
DIVISION, IMPHAL
it is issued.
the private use of the person to whom
The copy is granted free of charge for
()
order.,
amount of tax in dispute arising from the said
(b) A sum equal to 10% of the remainingfiled.
been
in relation to which the appeal has
Page 1 of 9
DIN-20231270UVO000618160
The grounds of appeal and the form of verification as contained in Form GST APL-01 shall be
signed in the manner specified in Rule 26 of the CGST or SGST Rules, 2017 - Rule 108(2) of
the CGST Rules or SGST Rules, 2017.
Page 3 of 9
ORDER-IN-ORIGINAL No. 26/ADJ/CGST/DIV-IMP/2023-24
DIN-20231270UVO000618160
issued by the
prior to the intimation letter of 3rd PH, his client did not received any letters
that his client
department. He further admitted the charge in the instant Demand cum SCN
2017-18. However, the said
had avail excess ITCamounting to Rs. 68,18,936/- during FY
the GSTR 3B filing for the month of
excess availment had already been reversed during
Rs. 68,39,307/- was reversed in the said
May 2018. He stated that ITC for amount of
availed during 2017-18. He also submitted a
month which included the said excess ITC
sheet for 2017-18 and 2018-19 and GSTR
written submission along the Tax comparison
the
3B for the month of May 2018. In view
of the above, he prayed for lenient view in
as early
the case in view of the available records
instant case and also requested to dispose
of the notice is attached below.
as possible. The written submission
UNION ENTERPRISES
To.
The AssistnICO:#neoST D i s .
Impii
Sir,
Sub: Reply io Noiceissued l fyrm DRC-0i ns Suary ofNuice uIderRemc
10Y01020823006 Daterd 09/11/2023 &eulier issILed_CNu.IV(09)02!AD/Kbonhebo/COSTDIV.
IMPIZ2023-24/244 daled 17/0B/2023 (her-in-ater refgrad to as"tlhe 5N drlreyi to Ms
Uniun Enterprises (Pro) : Posthatgbam Knnic1apba Megtei) het:l:afterHLb seleLLrda
Rhe.noiceg"]by the t,Assistant CoAL0ssiuur 1CGSTDiisiyLlBIphaliereuaflrr ELiCNLdu
As the Ld.Adiudicatios Omce'
FACTS OE CASE:
1 The Notice 4/s Union Fnterprises, a propriotorship lirus ot Posth.ugbs Khunl h..1
Meetei, havia! sts teg:stered oftite 4t Rliovathog Road, !lianz! Es.) :n,hu ..
Ihe Noricee has seceved the nnmation of sbnve referred SCN on 17/0s/207* 02, 1!":
rheir em.il and the same was duly nated aurt downioaded from the GST po:.al
of CGSI A, 2012.
SURMI5SION
Ssgn£toe
O/0 The Deputy Conisoiit
CGST æivision, imphal
Anent i
port no. 1
Tex Priod
Siwrttall ( CAuMatlve
par ds*
As per GSTR As por GSTR
rtall
babiuEy
arceentage
(W)
0.D0 0o0
liep-1/ 14, .Q>
21, 44A10. 36 0.00
L , 6 , 4 ad
t,43.o04. 1o 4)oM,19 000
0.04, 245
12,96,S9.4 2, 0, 2s0.42 o.o0
L0,94,DOtA 10,b,
14.94, u e
I 9 0 . 8 9 3 09
).o0
2.9/.027. 22 2.97,021 22 G8, LNH.939.44
0.00 0.4)
4,45,07/.14
14.5 Ihave also verified the GSTR 3B for the month of May 2018 submitted by the noticee
vis-à-vis GSTR 3B generated from the AlO which are found in order and also show the
reversal of ITC amounting to Rs. 68,39,307/- [IGST Rs. 38,64,429/-, CGST Rs.
14,87,439/- and SGST Rs. 14,87,439/-J, The GSTR 3B generated from the portal and
bolded portion of ITC Reversed part as in Part Bare shown below:
Form GSTR-3B
(See rule 61(5))
Year
Perlod
1. GSTIN
14AJJPM3059K22Z
2(e) Legal neme of the reglstered person
POSTHANGBAM KHONICHA0eA MEETEI
26) Trede name, If any UNION ENTERPRISES
2fc), ARN
2(0. Date of ARN
AAT40518003133s
21/06/2016
Amo
4. Eligible ITC
Detalls
Integrated tax Central tax State/UT tax
A TC Availabla (whether in full or part) Cess
B.TC Reversed
0Asper rules 42 &L43of CoST Rules 000
386429 0 487439 01
FY 2018-19 from
14.6 I have also verified the Tax Liability and ITCComparison chart for the
claimed during May
the portal which shows ITC amounting to Rs. 68,59,8 19/- is less
2018. The chart is shown below:
APOSTHANGBAM KH
Goods and Services Tax 14A)JPM305
Amounts in (
B267.8 S2,78
Noticee has already reversed the
14.7 In view of the above findings, Iam of the view that the
68,18,936/- under section 73 is
said ITC amount and the demand of ITCamounting to Rs.
liable to be dropped.
ORDER-IN-ORIGINAL No. 26/ADI/CGST/DIV-IMP/2023-24 Page 8 of 9
DIN-20231270UVO000618160
2018-19 and it
48 As discussed earlier, excess lTCas deimanded was utilized in the period
was reversed in the month May 2018, interest at the applicable rate is payable by the
noticee under Section S0 of CGST 2017.
15. Order:
Shri
aes15.1ldrop the charge for the demand of excess ITC claimed by
PosthangbamKhonichaoba Meitei(M/s Union Enterprises). Khoyathong Road. Thangal
Bazar. Manipur - 795001 as discussed above.
50 (3) of the CGST
15.2 Iorder for payment of interest at the ratë applicable under Section
Act. 2017, as discussed above.
15.3 This order is issued vithout prejudice to any action which may be required to be taken as
being in force.
per the provisions of CGST/MGST Act, 2017 or any other law for the time
dated 17.08.2023
16. All proceedings initiated against the taxpayer vide SCN No.02/2023-24
isdisposed of accordingly.
(DEBASHIS CHOWDHURY)
ASSISTANT COMMISSIONER
IV(09)02/ADJ/KHONICHAOBA/CGST/DIV-IMP/2023-24/ Date
(DEBASHIS HOWDHURY)
ASSISTANT COMMISSIONER
IV(09)02/ADJ/KHONICHAOBA/CGST/DIV-IMP/2023-24/ Date
(DEBASHIS CHOWDHURY)
ASSISTANT COMMISSIONER