High Court of Madras
Sameera Hotels (Chennai) (P.) Ltd. v. State Tax Officer (Inspection-I)
W.P. NOS. 33258, 33262, 33268, 33272 AND 33275 OF 2025
The ruling in brief
Where assessee availed and utilized excess ITC over GSTR-2A figures and failed to pay reverse charge tax on foreign agency commissions, such acts constituted wrongful availment and suppression with intent to evade tax, justifying invocation of extended limitation under Section 74
Orders passed in November 2024 under Section 73 for AYs 2018-19 and 2019-20 were within limitation, as statutory extensions governed computation of time, and limitation issue stood concluded by binding precedent
Provisions considered
Section 74 of Central Goods and Services Tax Act, 2017/Tamil Nadu Goods and Services Tax Act, 2017; Section 73, read with section 75, of Central Goods and Services Tax Act, 2017/Tamil Nadu Goods and Services Tax Act, 2017
This summary is for general information and is not legal advice. Read the full decision and the applicable law before relying on it.