SHANKAR MUNDRA Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard learned advocate Mr. Sholab Arora with learned advocate Ms. Vidhi Katoravala for learned advocate Mr. Hiren J. Trivedi for the petitioners and learned advocate Mr. Neel Lakhani for learned advocate Mr. Pradip D. Bhate for the respondents through video conference.

(2.) By this petition under Article 227 of the Constitution of India, the petitioners have challenged the order-in-original dtd. 24/12/2024 passed by the respondent no.2 Additional Commissioner, CGST & Central Excise.

(3.) Brief facts of the case are that on 3/8/2024, the Proper Officer issued composite Show Cause Notices under Sec. 74 and 122 of the Central Goods and Services Tax Act, 2017 (For short " CST Act ") and Gujarat Goods and Services Tax Act, 2017 (For short "GST Act") to raise a demand under Sec. 74 against M/s. Poonam Creation whose proprietor was one Ashok Gaggar on the ground that M/s. Poonam Creation had availed fraudulent Input Tax Credit on the strength of alleged fake invoices. The Proper Officer proposed to impose a joint and several liability/penalty to the tune of Rs.4,34,16,381.00 on the petitioners along with other co-noticees under Sec. 74 and 122 of the CST Act and GST Act.