2024-VIL-355-MAD
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SGST High Court Cases

GST - Levy of GST on total trade receivable by treating total trade receivables on pan-India basis as the taxable turnover – Levy of 36% tax on total turnover in the financial statement – HELD - In the impugned orders, the fourth issue dealt with the total trade receivables of the corporate entity was drawn from the financial statement of such corporate entity. Upon consideration of the reply on this issue, further proceedings were dropped. However, the same sum was treated as a taxable turnover under the fifth issue pertaining to sundry creditors and tax liability was imposed on such amount - Given that the issue relating to sundry creditors pertains to alleged non-payment by the petitioner for supplies received, the imposition of tax liability on the total value of trade receivables flies in the face of reason. Even assuming that dues to sundry creditors were not discharged, only the trade payables and not receivables should have been taken into account - On the issue of 'Income received', the total income was taken from the financial statement and tax appears to have been imposed on such turnover at 36%. The petitioner has placed on record the reconciliation statement in GSTR-9C to contend that the annual turnover under the relevant registration was much less - the impugned order confirms the tax demand solely on the ground that the trial balance for Tamil Nadu was not provided - the impugned order is set aside insofar as it pertains to the issues relating to sundry creditors and income received and matter remanded for reconsideration by the respondent – writ petition is disposed of
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