High Court of Madras
WFB Baird and Company India (P.) Ltd. v. State Tax Officer I
WP NOS. 24237 & 24239 OF 2026
The ruling in brief
Where SCN identified excess ITC claim due to mismatch in returns and did not allege fraud or suppression, proceeding should be under section 73, not section 74, as section 74's ingredients were absent, making assessment order unsustainable and requiring remand for a fresh decision under proper section with liberty for statutory reliefs
Provisions considered
Section 75, read with sections 73, 74 and 128A, of Central Goods and Services Tax Act, 2017/Tamil Nadu Goods and Services Tax Act, 2017
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