Delhi High Court - Orders
Aakash Gupta vs Commissioner Of Delhi Goods And ... on 13 February, 2024
Author: Sanjeev Sachdeva
Bench: Sanjeev Sachdeva
$~17
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 12694/2023 & CM APPL. 50149/2023
AAKASH GUPTA ..... Petitioner
Through: Ms. Kashish Gupta, Advocate.
versus
COMMISSIONER OF DELHI GOODS AND SERVICES
TAX & ORS. ..... Respondents
Through: Mr. Rajeev Aggarwal, ASC for
R-1 & 2.
Mr. Harpreet Singh, Senior
Standing Counsel with Ms.
Suhani Mathur, Mr. Jatin
Kumar Gaur & Mr. Gurpreet
Singh Gulati, Advocate for R-3.
CORAM:
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
HON'BLE MR. JUSTICE RAVINDER DUDEJA
ORDER
% 13.02.2024
1. Petitioner impugns the Show Cause Notice dated 27.02.2023 whereby the petitioner is alleged to have availed wrongful input tax credit.
2. Learned counsel for the petitioner submits that petitioner was registered under the Delhi Value Added Tax Act, 2004 [hereinafter referred as 'DVAT Act'] prior to the enactment of the Central Goods and Services Act, 2017 [hereinafter referred as 'CGST Act']. He submits that petitioner had applied for cancellation of his DVAT Act Registration and never applied for migration to the GST Scheme. However, it appears that someone wrongfully used his credentials and appears to have availed input tax credit.
W.P.(C) 12694/2023 page 1 of 2 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/02/2024 at 21:15:07
3. He submits that the respondents have traced out the individuals who alleged to have wrongfully used petitioner's DVAT Registration for migrating to GST Scheme. He submits that the petitioner never applied for migration and the dealer profile of the petitioner shows that the petitioner never applied for migration and the DVAT Registration was cancelled on 01.04.2017.
4. Learned counsel for respondent No.3 prays for some more time to take instructions. Respondent No.3 shall place on record the documents and material available in their record with regard to the alleged migration of the petitioner from DVAT to GST Scheme.
5. At request, list on 21.02.2024. In the meantime further proceedings on the Show Cause Notice shall remain stayed.
SANJEEV SACHDEVA, J
RAVINDER DUDEJA, J
FEBRUARY 13, 2024
sk
W.P.(C) 12694/2023 page 2 of 2
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/02/2024 at 21:15:07