Tax Evasion Through Fraudulent ITC Claims: Petition Dismissed Despite Meeting Tax Liability Via Supplier Invoices

HC dismissed the petition challenging GST demand for AY 2017-2020. Petitioner allegedly facilitated tax evasion by passing ineligible Input Tax Credit (ITC). While petitioner claimed discharge of tax liability through ITC from supplier invoices, court found prima facie evidence of petitioner acting as accessory in passing ineligible ITC. Following precedent set in Sahyadri Industries Limited case, HC held that despite tax liability being met through ITC without cash payment, the transaction indicated fraudulent ITC passing scheme under CGST Act 2017 and TNGST Act 2017, warranting dismissal of relief sought. .....

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