Validity of reassessment order - Input tax credit on purchases ...
Court Rules Bona Fide Purchaser Not Liable for Selling Dealer's KVAT Act Non-Compliance; ITC Reassessment Scrutinized.
July 8, 2021
Case Laws VAT and Sales Tax HC
Validity of reassessment order - Input tax credit on purchases from three dealers - a bonafide purchaser cannot be put at jeopardy, when he has done all that the law expects him to comply. The purchasing dealer has no means to ascertain and secure compliance provisions of the KVAT Act by the selling dealer - it cannot be said that the assessee has conspired with the selling dealers to avail the ITC fraudulently. If the revenue is able to demonstrate that the assessee and the selling dealers have conspired, then it is still open for the Revenue to initiate necessary steps against the assessee as well. - HC
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