Essel Enterprises vs. The State Tax Officer

The specific case of the petitioner is that the impugned order is without merits as the petitioner has correctly claimed the Input Tax Credit under the provisions of the TNGST Act, 2017, CGST Act, 2017 and IGST Act, 2017. 4. The learned counsel for the petitioner would submit that under similar circumstances, this Court has quashed the impugned order for the Assessment Year 2017-18 vide order in W.P(MD)No.8845 of 2024 dated 08.04.2024. 5. The learned counsel for the respondent would submit that this Writ Petition is without merits and is liable to be dismissed in view of the decision of the Hon'ble Supreme Court in Assistant Commissioner (CT) LTU, Kakinada and 5/8 https://www.mhc.tn.gov.in/judis Act, 2017. 7. I have considered the arguments advanced by the learned counsel for the petitioner and the learned Additional Government Pleader for the respondents.

I have perused the impugned order with the concern of the learned counsel for the respondent. This Writ Petition is disposed of at the time of the admission, since the impugned order has been passed without proper reply by the petitioner. Although the first respondent cannot be found fault with in passing the order, it is fit that the case be remitted back to the respondents. Hence, the impugned order shall be quashed and the case is remitted back to the respondents to pass fresh orders against the impugned order dated 01.08.2023 bearing reference No GSTIN:33ADVPL8372NIZM/2018-19 for the Assessment Year 2018-19. 9. The impugned order, which stands quashed, shall be corrigendum to the show cause notice issued to the petitioner in DRC01 dated 28.06.2023. It is accepted that the petitioner will file a detailed reply to the show cause notice as 6/8 https://www.mhc.tn.gov.in/judis also the impugned order, which shall stand quashed, within a period of 30 days from the date of receipt of a copy of this order. The petitioner shall also deposit 10% of the disputed tax, as a condition. The respondents shall take up the case afresh and pass final orders on merit in accordance with law within a period of 60 days thereafter. The respondents are directed to hear the petitioner before passing the final order. Accordingly, this Writ Petition stands allowed. No costs. Consequently, connected miscellaneous petition is closed. Index : Yes / No 25.04.2024 Internet : Yes / No apd To 1.The State Tax Officer, Commercial Tax Department, Tuticorin II Circle, Tuticorin District. 2.The Commercial Tax Officer, Tuticorin II Circle, Tuticorin, Tirunelveli 7/8 https://www.mhc.tn.gov.in/judis C.SARAVANAN, J.