Super Tech Forgings (INDIA) PVT LTD And Another vs. UOI And Others

CWP/19930/2022HC Punjab and HaryanaGSTCNR PHHC01098245202229 May 2023Bench: MS. JUSTICE RITU BAHRI,MRS. JUSTICE MANISHA BATRA2 pages
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Held

The Court directed that 10% of the disputed Input Tax Credit amount be retained by the department, and the remaining amount be released to the petitioners. The petitioners were also directed to participate in the ongoing proceedings.

Facts

The petitioners sought to quash an order of seizure and summons issued by the CGST Commissionerate. A show cause notice under Section 74(1) of the CGST Act was issued to recover Input Tax Credit amounting to Rs. 3,57,77,277/-.

Key Issues

The primary issue was the recovery of Input Tax Credit and the financial burden on the petitioner during the pendency of proceedings.

Sections Cited

Section 74

AI-generated summary — verify with the full judgment below

2023:PHHC:078512-DB -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: 29.05.2023

Super Tech Forgings (India) Pvt. Ltd. and another .....Petitioners Versus Union of India and others ....Respondents CORAM:HON'BLE MS. JUSTICE RITU BAHRI HON'BLE MRS. JUSTICE MANISHA BATRA Present: Mr. J.S. Bedi, Advocate, for the petitioner. Mr. Sourabh Goel, Senior Standing Counsel, for the respondents. Mr. Saurabh Kapoor, Addl. A.G., Punjab. *** Ritu Bahri, J. Petitioners are seeking quashing of the order of seizure dated 27.05.2022 (Annexure P-6) passed by the Superintendent, CGST Commissionerate, Jalandhar-respondent No.6 and summons dated 27.05.2022. Learned counsel for the parties have informed that in compliance with the order dated 24.03.2027, representative of the petitioner had appeared before the office of the competent authority and submitted the bank statement. AJAY PRASHER 2023.05.31 15:09 I attest to the accuracy and integrity of this document

2023:PHHC:078512-DB -2- Learned counsel for the

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