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Home » Laws » GST Case Laws » KEMEXEL ECOMMERCE PVT. LTD. v. SALES TAX OFFICER CLASS II / AVATO WARD 105, ZONE 4, DELHI

KEMEXEL ECOMMERCE PVT. LTD. v. SALES TAX OFFICER CLASS II / AVATO WARD 105, ZONE 4, DELHI

High Court, Delhi
Prathiba M. Singh, Justice & Shail Jain, Justice

KEMEXEL ECOMMERCE PVT. LTD.
v.
SALES TAX OFFICER CLASS II / AVATO WARD 105, ZONE 4, DELHI

W.P.(C) 16555/2025, CM APPL. 67859/2025 & CM APPL. 67860/2025 dated 31.10.2025

Law : GST
Act Name : Central Goods & Service Tax Act, 2017
Relevant Section : Section 61, 73 & 74
Decision : In favour of assessee

Demand – Scrutiny under Section 61 and subsequent proceedings – Discrepancies in ITC claimed in GSTR-3B and reflected in GSTR-2A – Reply filed – SCN issued under Section 73 for same transactions and demand confirmed – Under Section 61(2), once explanation accepted no further action including demand under Section 73 can be taken on same ground – Reissuance of SCN and confirmation of demand after acceptance is unsustainable – Held: Petition disposed – SCN and order quashed.

Represented By:

Counsel for the Petitioner: Preetam Singh, Adv.

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