The petitioner claimed ineligible input tax credit on purchases ...
Petitioner's ITC blocked for alleged bill trading, approached HC prematurely.
Case Laws GST
September 18, 2024
The petitioner claimed ineligible input tax credit on purchases from the supplier, Tvl. Bharat Marketing, during 2022-2023. The supplier was alleged to be a non-existent entity engaged in bill trading activities, as per an inspection report received from CBIC during a Special All India Drive targeting fake registrations and beneficiaries of bill trading. Consequently, the petitioner's ITC was blocked on 19.07.2024, and a show cause notice in Form GST DRC-01 was issued on 16.08.2024, with the summary uploaded on 21.08.2024. The petitioner approached the HC without responding to the show cause notice, which is a violation of procedural norms and principles of natural justice. The HC dismissed the petition, stating that the appropriate course of action would be for the petitioner to submit a response to the show cause notice before seeking judicial intervention.
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