High Court of Madras
Chemplast Sanmar Ltd. v. Assistant Commissioner (ST)
W.P. NOS. 23220 AND 23540 OF 2024
The ruling in brief
Where petitioner company was merged and after NCLT's approval, unutilized ITC and liabilities were transferred and department parallelly initiated audit-based and scrutiny-based proceedings for same period, audit and scrutiny notices could be issued separately as each arose from distinct processes; suppression of facts being disclosed as was required for invoking section 74, limitation period would be extended and, thus, SCNs could not be challenged filing writ petitions
Provisions considered
Section 74, read with sections 44, 65, 73, 75 and 168A, of Central Goods and Services Tax Act, 2017/Tamil Nadu Goods and Services Tax Act, 2017