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GST - Highlights / Catch Notes

Home Highlights February 2024 Year 2024 This

Input Tax Credit - Reversal / refunding of ITC - the Integrated ...


Court Rules Buyers Not Liable for ITC Refunds Without Seller Action on IGST Non-Payment with 'NIL' Returns.

February 5, 2024

Case Laws     GST     HC

Input Tax Credit - Reversal / refunding of ITC - the Integrated Goods and Service Tax (IGST) was not paid and ‘NIL’ return had been filed by the seller but the petitioners had availed of input tax credit - The High court noted discrepancies in the handling of the case by the authorities, particularly the failure to proceed against the seller before reversing the petitioners' input tax credit. HC emphasized the established legal principle that the buyer cannot be burdened with refunding the input tax credit without the authorities first taking action against the seller, except under exceptional circumstances.

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