The High Court addressed a challenge to an assessment order ...

High Court ruled supplier must pay tax on full value due to not meeting GST law requirements for reversing Input Tax Credit.

Case Laws     GST

June 29, 2024

The High Court addressed a challenge to an assessment order regarding the reversal of Input Tax Credit for credit notes issued by the supplier. The court found that the requirements under sub-section (3) of Section 15 of the GST statutes were not satisfied, leading to the supplier being liable to pay tax on the full value of supply. The court highlighted the discretionary nature of jurisdiction under Article 226, noting that the existence of an alternative remedy does not bar its exercise. Despite the petitioner approaching the appellate authority for other issues, the court exercised jurisdiction due to the need for evidence reappraisal. The impugned order was set aside only concerning the reversal of Input Tax Credit, and the petition was disposed of accordingly.

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