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L&T Finance Ltd -vs- The Asst. Commissioner

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Order dated 12.04.2024 in WP/9652/2024 by Hon’ble Justice Senthilkumar Ramamoorthy.

Facts:

Pursuant to an Audit of the books of Accounts of the Petitioner a show cause notice dated 29.09.2023 was issued to the Petitioner. Such notice was replied to by the Petitioner on 14.10.2023 and 27.10.2023. However, the impugned assessment order was issued on 31.12.2023. The main contention of the Petitioner is that the difference in outward turnover between the books of account and various returns arose on account of not reporting of all transactions in the GSTR-1. The Petitioner had rectified the same subsequently, by filing annual return in GSTR-9. The demand with respect to the addition of assets and depreciation is erroneous on the face of it. The Learned Government Advocate contended that the Petitioner failed to provide proper bifurcation of turnover pertaining to its Pan-India operations and Tamil Nadu operations and failed to appear before the Assessing office for personal hearing and did not submit all relevant documents

Findings:

Although the order refers to a personal hearing notice issued on 31.12.2023, there is nothing on record to indicate that such a personal hearing was issued. On examining the impugned order, with regard to the turnover discrepancy, as between the difference returns, it is noticeable that the Petitioner explained the difference in its reply dated 28.07.2023. This aspect has not been noticed in the impugned order. Likewise, as regards the Petitioner’s claim that the turnover of Rs. 43,68,93,176/- is exempted, the impugned order records that only a copy of the statement of account was provided. Therefore, it is clear that, without providing a personal hearing to the Petitioner, the impugned order is passed. Therefore, the impugned order is unstainable. It is set aside and the matter is remanded for reconsideration. The Petitioner is permitted to submit additional documents in support of its reply within 15 days from the date of receipt of a copy of this order. Upon receipt thereof, the Respondent is directed to provide a reasonable opportunity to the Petitioner, including a personal hearing, and thereafter issue a fresh order within 2 months from the date of receipt of additional documents from the Petitioner.

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