M/S Primeone Workforce PVT. LTD. , Lko. Thru. Auth. Signatory Alok Kumar vs. State Of U.P. Thru. Addl. Chief Secy. State Tax Civil Secrt. Lko. And Others

/183/2024HC AllahabadGSTCNR UPHC02047767202418 July 2024Bench: SANGEETA CHANDRA,SHREE PRAKASH SINGH3 pages
For Petitioner: Anupam Mishra
AI SummaryRemanded

Held

The Court directed the petitioner to approach the appellate authority under Section 107 of the GST Act. The appellate authority was asked to consider the grievance regarding penalty and interest, and recovery was stayed for a period.

Facts

The petitioner paid IGST on manpower supply services, but the GST officer demanded CGST and SGST, along with interest and penalty, claiming it was an intra-state supply. The petitioner argued that IGST was already paid and no revenue loss occurred.

Key Issues

Whether CGST and SGST can be demanded on transactions where IGST has already been paid, and whether penalty and interest are leviable in such circumstances.

Sections Cited

Section 19, Section 54 (10), Section 107, Section 17

AI-generated summary — verify with the full judgment below

Neutral Citation No. - 2024:AHC-LKO:48603-DB Court No. - 3 Case :- WRIT TAX No. - 183 of 2024 Petitioner :- M/S Primeone Workforce Pvt. Ltd. , Lko. Thru. Auth. Signatory Alok Kumar Respondent :- State Of U.P. Thru. Addl. Chief Secy. State Tax Civil Secrt. Lko. And Others Counsel for Petitioner :- Anupam Mishra Counsel for Respondent :- C.S.C.,A.S.G.I. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Shree Prakash Singh,J.

1.

Heard learned counsel for the parties and perused the record.

2.

This petition has been filed with the following main prayers :- (i) issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 10.06.2024 (Annexure -1) passed by the Respondent No.2, having been passed without jurisdiction and for being completely illegal and/ or; (ii) issue a writ, order or direction in the nature of mandamus, directing the respondent no.2 to adjust the amount of IGST already paid by the petitioner against the demand of CGST and SGST in terms of Section 19 of the IGST Act read with Section 54 (10) of the CGST Act read with Rules framed thereunder, and accordingly to drop the demand of CGST and SGST Act read with Rules framed thereunder and accord

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