The High Court upheld the levy of tax and penalty on the ...

Allahabad HC upheld tax penalty on petitioner for fraudulent ITC claim based on non-existent firms. No estoppel against refund claim. Petition dismissed.

Case Laws GST

May 21, 2024

The High Court upheld the levy of tax and penalty on the petitioner for fraudulent claim of Input Tax Credit (ITC) u/s 16 of the GST Act. The petitioner claimed ITC based on non-existent firms, later revealed by investigation. The court held that mere registration of firms does not entitle ITC if no actual supplies were made. Fraud vitiates proceedings, allowing authorities to reclaim wrongly availed benefits. The court found no illegality in the orders and dismissed the petition.

View Source

← Previous Next →

The High Court upheld the levy of tax and penalty on the ...

Allahabad HC upheld tax penalty on petitioner for fraudulent ITC claim based on non-existent firms. No estoppel against refund claim. Petition dismissed.

Case Laws GST

May 21, 2024

You may also like:

Advance Ruling application on maintainability - Reversal of input tax credit to extent of tax element in credit note - no agreement between parties on credit notes not...

Petitioner sought regular bail in case involving alleged wrongful Input Tax Credit (ITC) availed using fictitious invoices from non-existent/suspicious firms. As per...

The High Court dismissed a review petition regarding a fraudulent Input Tax Credit (I.T.C.) claim for inward supplies. The petitioner had obtained I.T.C. based on...

Reassessment proceedings against non existent entity - amalgamated company - Mere activation of PAN number may not give a right to the respondents to issue notice to a...

The High Court dismissed the petition seeking refund of Input Tax Credit (ITC) accrued under the Value Added Tax (VAT) regime upon transition to the Goods and Services...

Undervaluation of imported goods - Brass Scrap, Electrolytic Copper Wire Bars/ Rods, LLDPE etc - ITC violation - mis-declaration of importer's relationship with the...

Partnership firm rendered professional services in Japan, taxes withheld there. Firm claimed foreign tax credit (FTC) which was denied by tax authorities. ITAT held that...

The circular addresses the entitlement of Input Tax Credit (ITC) by insurance companies on repair expenses for motor vehicles in reimbursement mode of claim settlement....

Input Tax Credit (ITC) - Restriction of ITC to the extent of CST payable in case of interstate sale - Restriction of ITC in case of goods consumned or burned but not...

CENVAT Credit - non-existent firms - credit was availed on the invoices issued by all fradulent firms who were found to be non-existent and such fraud vitiates the...

Reopening of assessment post amalgamation process - Mere activation of PAN number may not give a right to the revenue to issue notice to a non-existent entity....

Validity of assessment against non existent company - amalgamation proceedings concluded - the assessment order passed on a non-existent Company is bad in law, inasmuch...

Blocking of input tax credit - Provisional ITC - the ITC reversal mechanism, as laid down in section 41 read with Rules, is kept in abeyance. The facility to furnish...

The applicant sought regular bail for allegedly illegally claiming Input Tax Credit (ITC) through fake firms without conducting any business or supply of goods,...

Entitlement to claim input tax credit - The AAR concluded that the applicant is not entitled to claim ITC for expenses incurred specifically for the restaurant service...

Quick Updates: