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    The document is a show cause notice issued to a construction company for claiming ineligible input tax credits against a notification. The company claimed Rs. 413,963 in CGST and SGST credits for the year 2021-22 which are not allowed as per the notification. The company is instructed to pay the tax due along with 100% penalty and 18% interest within 30 days and provide documents to support their case if filing objections.

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    The document is a show cause notice issued to a construction company for claiming ineligible input tax credits against a notification. The company claimed Rs. 413,963 in CGST and SGST credits for the year 2021-22 which are not allowed as per the notification. The company is instructed to pay the tax due along with 100% penalty and 18% interest within 30 days and provide documents to support their case if filing objections.

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    The document is a show cause notice issued to a construction company for claiming ineligible input tax credits against a notification. The company claimed Rs. 413,963 in CGST and SGST credits for the year 2021-22 which are not allowed as per the notification. The company is instructed to pay the tax due along with 100% penalty and 18% interest within 30 days and provide documents to support their case if filing objections.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    18 views3 pages

    De 3

    Uploaded by

    sathvik.g.m.s.sai
    The document is a show cause notice issued to a construction company for claiming ineligible input tax credits against a notification. The company claimed Rs. 413,963 in CGST and SGST credits for the year 2021-22 which are not allowed as per the notification. The company is instructed to pay the tax due along with 100% penalty and 18% interest within 30 days and provide documents to support their case if filing objections.

    Copyright:

    © All Rights Reserved
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    Download as pdf or txt
    of 3

    O/o the Assistant Commissioner (ST)

    Valluvarkottam Assessment Circle


    No.10, Palaniappa Building,
    Greams Road,
    Chennai- 600 006

    Ref. No. 33AACCO4423E1ZY/2021-22 Dated: 17.10.2023

    To
    GSTIN 33AACCO4423E1ZY
    TRADE NAME OM SRI PARAM JYOTI CONSTRUCTION PRIVATE LIMITED

    LEGAL NAME OM SRI PARAM JYOTI CONSTRUCTION PRIVATE LIMITED

    TAX PERIOD 2021-22

    Sub: TNGST/CGST Act 2017- Returns scrutinized –Ineligible ITC claimed


    intentionally against Notification no.3/2019 – ITC reversal Show cause
    Notice(SCN) issued u/s 74(1)-Regarding.

    Ref: 1.Returns filed by the taxpayer for the year 2021-22.


    2. Notification no.3/2019 Central tax (Rate) dated 29.03.2019.
    Show Cause Notice
    (See section 74(1) & rule 142)
    Brief facts of the case:
    The monthly/annual returns filed by the taxpayer Tvl. OM SRI PARAM JYOTI
    CONSTRUCTION PRIVATE LIMITED for the assessment year 2021-22 were scrutinized
    with respect to ref 2nd cited notification. In the said notification it is notified that the
    central/State tax shall be paid in cash, that is, by debiting the electronic cash ledger only.
    As per the above notification the taxpayers are not eligible to claim ITC with effect
    from 01.04.2019. On verification of the returns filed by the taxpayer it is noticed that they are
    doing the residential real estate project(RREP) and have claimed ITC for their inward supply
    as below:-
    Tax Period ITC claimed in GSTR-3B during the month [as per table 4A(4)+4A(5)-4B(1)-4B(2)] *

    IGST CGST SGST/UTGST CESS


    Apr 0 40,651.00 40,651.00 0
    May 0 97 97 0
    Jun 0 20,844.00 20,844.00 0
    Jul 0 2,120.00 2,120.00 0
    Aug 0 16,978.00 16,978.00 0
    Sep 0 57,364.00 57,364.00 0
    Oct 0 127888.48 127888.48 0
    Nov 0 34,570.23 34,570.23 0
    Dec 0 84,690.00 84,690.00 0
    Jan 0 7,932.56 7,932.56 0
    Feb 0 12,285.00 12,285.00 0
    Mar 0 8,543.00 8,543.00 0
    Total 0 413963.27 413963.27 0

    The above claimed ineligible ITC in Form GSTR 3B by the taxpayer should be
    reversed along with interest u/s 50 and penalty u/s 74(1) of the TNGST/CGST Act as
    follows:

    IGST Rs CGST Rs, SGST Rs. Total tax due Rs.


    Tax due 0 413963 413963 827926
    Penalty @100% 0 413963 413963 827926
    Interest @18% 0 74513 74513 149026
    Total 0 902439 902439 1804878

    The taxpayer is instructed to pay the above tax due along with the interest
    and Penalty as proposed above within 30 days of the receipt of this notice. Objection
    if any to the above proposals may be filed in writing along with the following
    supporting documents within the above time limit.
    1. Project wise RERA approval details
    2. Project wise Number of residential units and area of each units,
    3. Advance booking of housing units details such as name, advance amount
    date of booking and cancellation of booking details
    4. If it is Joint development project –Copy of Agreement executed.
    5. Project completed /not-if completed completion certificate copy
    6. Inward supply invoice copy-and purchase ledger with payment details of
    the project and summary statement
    7. Outward supply including Nil rated ,exempted and Non GST supply details
    invoice copy, registration details with ledger payment details of the project
    and summary statement.
    8. un-billed advance details.
    9. Finacial Statement and reports –Balance sheet, tax Audit report, Annual
    Financial statement ,Cost Audit report, trial Balance, trading account, profit
    and Loss account, etc.,.
    10. reverse Charge mechanism(RCM) ledger with supporting documents.
    11. Project wise Work Contract /sub-Contract details along with TDS related
    transaction details.
    12. scrap sales details.
    13. Details of all the pending creditors with relevant inward supply details.

    If the taxpayer failing to file their objection along with the above documents
    within 30 days, it will be considered that dealers have no objection to file and final
    orders will be passed U/s 74(9) of the Act.
    Digitally signed by S
    Encl: Form DRC 01. S LOGANAYAGI

    LOGANAYAGI Date: 2023.10.17 15:41:29


    +05'30'
    State Tax Officer,
    Valluvarkottam Assessment Circle

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