9911796707
TMI BlogDenial of Input Tax Credit since the GST registration of the Supplier of Goods has been Cancelled with retrospective effect.X X X X Extracts X X X X X X X X Extracts X X X X ..... the authorities and asked to pay penalties and interest under the GST Act. The petitioner purchased goods from a supplier and made payment through bank to the supplier and transport of goods. The authorities refused to grant the benefit of ITC on the following grounds: * The GST department discovered that the supplier from whom the petitioner claimed to have bought goods is fake and non-existi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cash. * It is not the case of the respondents that there is a collusion between the petitioner and supplier with regard to the transaction. * This Court finds that without proper verification, it cannot be said that there was any failure on the part of the petitioner in compliance of any obligation required under the statute before entering into the transactions in question. * The respondent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... neness of the suppliers in question. Consequently, the high court remanded the matter back to the concerned adjudicating authority for reconsidering the matter and to adjudication the case fresh. The following directions were issued: "If it is found upon considering the relevant documents that all the purchases and transactions in question are genuine and supported by valid documents and trans ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oned and speaking order after giving an opportunity of hearing to the petitioner within a period of eight weeks from the date of receipt of copy of this order. Final Take Away from the above decision: The Hon'ble High Court has not granted the benefit of ITC directly to the assessee /petitioner, as demanded, but remanded back the matter to the appellate authority to adjudicate the issue of genui ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
