Rinshad Maliyam Karim vs. State Tax Officer

WP(C)/26262/2024HC KeralaGSTCNR KLHC01124696202406 August 2024Bench: HONOURABLE MR. JUSTICE GOPINATH P.4 pages
For Respondent: SMT. THUSHARA JAMES (SR GP)
AI SummaryAllowed

Held

The High Court, without delving into the merits, directed the respondent to consider and pass orders on the petitioner's rectification application (Ext.P9) in accordance with law. An opportunity of hearing must be afforded to the petitioner within three months.

Facts

A registered dealer faced significant GST liability, interest, and penalty due to an input tax credit mismatch between their GSTR-3B and their supplier's GSTR-I. The dealer filed a rectification application (Ext.P9) under Section 161 of the CGST/SGST Act.

Key Issues

The key issue was the non-granting of input tax credit due to GSTR-I and GSTR-3B mismatch, leading to a tax liability, and the petitioner's prayer for a direction to consider their rectification application.

Sections Cited

Section 161

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. TUESDAY, THE 6TH DAY OF AUGUST 2024 / 15TH SRAVANA, 1946 WP(C) NO. 26262 OF 2024 PETITIONER/S: RINSHAD MALIYAM KARIM, AGED 40 YEARS S/O.KARIM, M/S GLOBAL TIMBER INDUSTRIES, 19/161, A, GLOBAL TIMBER INDUSTRIES, VATTAKKATTUPADY, IRINGOLE PO, ERNAKULAM, KERALA, PIN - 683548 BY ADVS. ELDHO MATHEW RASMI NAIR T. RESPONDENT/S: STATE TAX OFFICER, STATE GOODS AND SERVICES TAX DEPARTMENT, TAX PAYER SERVICES CIRCLE, WADAKKANCHERRY, PIN - 680582 OTHER PRESENT: SMT. THUSHARA JAMES (SR GP) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.08.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 2024:KER:58895 W.P (C) No.26262/2024 -2-

J U D G M E N T The petitioner is a registered dealer under the CGST/SGST Act.

According to the petitioner owing to mismatch between GSTR-I filed by the supplier and GSTR-3B filed by the petitioner certain input tax credit to which the petitioner was entitled has not been granted to him, as a result of which huge liability has been imposed on the petitioner together with interest and penalty. The petitioner has preferred Ext.P9 application under

The judgment continues below.

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Reproduced from the public record of the Kerala High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.