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2023 Supreme(P&H) 1201

RITU BAHRI, KULDEEP TIWARI
Samyak Metals Pvt. Ltd. – Appellant
Versus
Union of India – Respondent


Advocates appeared:
Mr. Sandeep Goyal, Advocate, for the petitioner.
Mr. Tajender Joshi, Senior Standing Counsel, for the respondents.

RITU BAHRI, J.

1. Petitioner is seeking a writ in the nature of mandamus directing respondent No.3 to refund the amount, which was recovered illegally from the petitioner vide Form GST DRC-03 dated 26.02.2021 (Annexure P-3) without issuing any show cause notice or passing any order under Section 74 of the central GST Act and Haryana GST Act, 2017.

2. The petitioner is engaged in the business of manufacturing of aluminium ingots. For the purpose of Goods and Service Tax, the petitioner is registered under the provisions of Central GST Act/Haryana GST Act, 2017 vide GSTIN 06AAHCS8928H1ZY (Annexure P-1). The business premises of the petitioner were searched on 25.02.2021 by the officers of Central GST Commissionerate, Faridabad, including respondent No.3. During the course of search, respondent No.3 examined the purchase ledger and asked about the purchases made by the petitioner from one M/s D.G. Enterprises, Faridabad. No document was resumed during the course of the search. The Panchnama drawn at the time of search is annexed as Annexure P-2. It is stated that after analyzing the ledger of M/s D.G. Enterprises, petitioner was forced to deposit tax in lieu of the Input Tax Credit clai

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