9911796707
TMI Blog2024 (7) TMI 1545X X X X Extracts X X X X X X X X Extracts X X X X ..... hing the impugned Show Cause Notice bearing No. JCCT(ADMIN)/DGSTO5/DCCT/AUDIT 5.10/2023-24 T. No.898/2023-24 dated 18.11.2023 issued by the Respondent No.2 enclosed at Annexure-A; b) pass such further order(s) and other reliefs as the nature and circumstances of the case may require." 2. Heard learned counsel for the petitioner and learned AGA for the respondents and perused the material on record. 3. In addition to reiterating various contentions urged in the petition and referring to the material on record, learned Counsel for the petitioner invited my attention to the impugned Show Cause Notice issued under Section 73(1) of the CGST/KGST Acts read with IGST Acts, 2017 in order to point out that respondent No.2 has come to the erron ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nvoice or debit note pertains. As discussed in Para 2.3 above, in case of supplies where the supplier is unregistered and recipient is registered and the tax has to be paid by the recipient on RCM basis, the recipient is required to issue invoice in terms of the provisions of section 31 (3) (f) of CGST Act and pay the tax on the same in cash under RCM. Further, as discussed in Para 2.1 above, ITC cannot be availed by a registered person in respect of any supply of goods or services or both received by him, as per the provisions of section 16 (2) (a) of CGST Act, unless he is in possession of a tax invoice or debit note or such other tax paying documents as may be prescribed. 2.6 A combined reading of the above provisions leads to a concl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed to pay interest on such delayed payment of tax. Further, in cases of such delayed issuance of invoice by the recipient, he may also be liable to penal action under the provisions of Section 122 of CGST Act." 6. As can be seen from paragraph Nos.2.5, 2.6 and 2.7, the petitioner would be entitled to availment of ITC and cannot be deprived of the same or fastened with liability to pay interest on account of his claim having been filed belatedly as can be seen from the circular. The aforesaid circular completely supports the claim of the petitioner especially in the light of the judgment of the Apex Court in the K.P.VARGHESE Vs. INCOME TAX OFFICE, ERNAKULAM, AIR 1981 SC 1922 to the effect that a CBIC circular is binding upon the respondent ..... X X X X Extracts X X X X X X X X Extracts X X X X
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