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GST - Highlights / Catch Notes

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Inadmissible ITC utilization from cancelled suppliers - ...


Input Tax Credit Claim Remanded for Reassessment; Appellate Authority to Specify Required Transaction Documents.

July 29, 2024

Case Laws     GST     HC

Inadmissible ITC utilization from cancelled suppliers - petitioner disclosed inward tax supply invoices, party ledger, bank statements, GSTR-2A and e-waybills for supplies allegedly made by a supplier during September-October 2017. Although petitioner discharged initial burden of proof, appellate authority found petitioner ineligible for ITC without specifying documents required to establish transaction genuineness. Appellate authority's order suffered from non-application of mind, being verbatim reproduction of adjudicating authority's observations. Matter remanded to appellate authority to reconsider issue of movement of goods and indicate documents petitioner required to disclose for establishing transaction genuineness. Petition allowed by way of remand.

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