M/S Dalmia Fibres LTD., Sundargahr vs. The Commnr. Of CT And GST, Odisha
Original PDF →Facts
The petitioner filed a writ petition before the High Court. The Directorate General of Goods and Service Tax Intelligence (DGGSTI) stated in a counter affidavit that they would not take action on a specific purchase involving Input Tax Credit (ITC) as a Show Cause Notice had already been issued by the CT & GST, Rourkela-I Circle. However, DGGSTI would continue investigating other aspects of fake ITC availment.
Held
The Court disposed of the writ petition by directing the Commissioner of CT and GST to take necessary action in the matter in accordance with law. This implies the Court accepted the submissions made in the counter affidavit and expected the authorities to proceed as stated.
Key Issues
Whether the DGGSTI should proceed with its investigation when a Show Cause Notice was already issued by another authority for a part of the alleged fake ITC. The Court did not delve into this as the matter was disposed of based on the affidavit.
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
ORDER 28.03.2023
Order No.
This matter is taken up through hybrid mode.
Heard Mr. B. Panda, learned counsel for the petitioner, Mr. Sunil Mishra, learned ASC for CT & GST and Mr. T.K. Satapathy, learned Sr. Standing Counsel for CGST.
A counter affidavit has been filed by opposite party no.3, wherein at paragraph-9, it has been stated as follows:-
“That, it is also to submit that since CT & GST, Rourkela-I Circle, Rourkela has already issued Show Cause Notice to Petitioner, no action will be taken by the Directorate General of Goods and Service Tax Intelligence, Rourkela Regional Unit on the purchase made from M/s M.M. Enterprises, GSTIN-21GNUPK6777HIZA involving ITC of Rs.7,17,135.24 during the period July, 2018 covered under the Show Cause Notice issued by the CT & GST, Rourkela-I Circle, Rourkela. However, the Directorate General of Goods and Service Tax Intelligence, Rourkela Regional Unit shall continue to investigate the remaining part of availment and issuance of fake ITC of M/s Dalmia Fibers Ltd., since no intimation of any action taken by the CT & GST, Rourkela-I Circle, Rourkela has been provided to this office in connection with the remaining part of investigation. Since the investigation under taken by DGGSTI, Rourkela Regional Unit is in the final stage.”
In view of the above, this writ petition stands disposed of directing opposite party no.1 to take necessary action in the matter in accordance with law.
The writ petition is accordingly disposed of.
Arun
(DR. B.R. SARANGI)
JUDGE
(M.S. RAMAN)
JUDGE
Reproduced from the public record of the Orissa High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.