Chartered Accountant
Bookmark and Share
click here to subscribe our newsletter
 
 
Corporate News *  GST registration cancellation without reasons amounts to ‘Economic Death’ of business: Supreme Court. *  No GST refund if appeal before GSTAT is filed late: Gujarat High Court. *  Mere upload of GST notice on portal not valid service, appeal limitation won’t start: Punjab & Haryana High Court. *  Taxpayer can’t be penalised for missing notices hidden under ‘Additional Notices/Orders’: Calcutta High Court allows fresh adjudication. *  State tax officer can’t issue GST SCN beyond CBIC-assigned jurisdiction: Bombay High Court stays recovery proceedings. *  Earlier 7.5% Pre-Deposit must count towards mandatory 10% for Appeal: Uttarakhand high court quashes CESTAT Order. *  Third Parties can’t challenge GST Advance Rulings merely due to financial impact: Karnataka HC *  GST SCN generated using AI tool quashed: Punjab & Haryana High Court *  Bank Attachment Quashed as Madras HC Quashes GST Order Issued Against Deceased Person *  ITC Blocking Order for Failure to Record ‘Reason to Believe’ U/R 86A Quashed: Allahabad High Court *  Govt Extends GSTAT Appeal Filing Deadline From 30 June to July 31, 2026 *  GST Demand on RWA Stayed: Allahabad High Court Questions Taxability of Electricity Distribution to Flat Owners *  CBIC Clarifies Jurisdiction After GST Registration Transfer: Earlier Proceedings Remain Valid, New Officer to Continue Action *  GST authorities’ certification not mandatory for reimbursement, but tax payment must be proven: Karnataka HC *  Contractor can’t seek gst reimbursement through writ when contract has arbitration clause: Karnataka HC *  Unsigned Order Is No Order in Law: AP HC Quashes GST Assessment Order for Want of Officer’s Signature *  Customs Can’t Levy Rs. 1.36 Crore Cost Recovery Charges Without Proof of Full-Day Officer Deployment: CESTAT  *  12% IGST Payable On Imported Dialysis Machine Parts: CESTAT *  Bombay High Court Admits Challenge to GST Limitation Extension Notifications; Grants Protection Against Coercive Recovery *  Criminal Case Can’t Run Parallel to GST Proceedings on Same Facts: Allahabad High Court *  Allahabad High Court Stays GST Detention Order; Directs Release of Vehicle and Goods on Deposit of Rs. 1.44 Lakh *  Service Tax Can’t Be Levied on Loss-Making Contracts: Gujarat High Court *  GSTN Mandates Ship-to GSTIN in e-Invoice and e-Way Bill APIs; Introduces Voluntary e-Way Bill Closure Facility from August 1, 2026 *  GST Appeal Can’t Be Rejected as Time-Barred When Taxpayer Was Pursuing Rectification Remedy: Telangana High Court *  Absence of E-Way Bill and Transport Documents Justifies Customs Seizure U/s 110: Gauhati HC *  Madras High Court Upholds GST Late Fee and Penalty for Non-Filing of Annual Return, Dismisses Challenge  *  GST Records, Purchase Documents Sufficient to Discharge Burden Under Customs Act: CESTAT Orders Release of 3.65 Kg Gold  *  No Sugar Cess Payable on Sugar Exported Out of India: CESTAT *  Road Construction Services Exempt and SCN Time-Barred: CESTAT Quashes Service Tax Demand Based Solely on Form 26AS  *  ITC Freeze Upheld After GST Dept Find Suppliers Were Allegedly Fake Bill-Trading Entities: Madras HC 
Subject News *  Input service benefits can’t be denied: CESTAT allows export refund despite MMTC acting as Canalising agency. *  No service tax demand without proof of service of SCN: CESTAT. *  Service tax demand quashed as dept. fails to prove service of SCN: CESTAT *  GST : Mere allegation of inadequate consideration of reply not enough to invoke writ jurisdiction: Delhi High Court *  Onerous conditions imposed for provisional release of seized imported goods shouldn’t amount to virtual denial of relief: CESTAT. *  GST SCN without alleging fraud cannot invoke sec. 74: Karnataka High Court quashes adjudication order. *  Extended Limitation Can’t Be Invoked Merely on Form 26AS Data: CESTAT *  Revenue-Sharing with Restaurants Not Taxable as Business Support Service: CESTAT *  R. 6(3) Option Can’t Be Forced on Taxpayer; CESTAT Quashes Rs. 12.36 Crore CENVAT Credit Demand *  Excise Duty | Power Consumption Alone Can’t Prove Clandestine Manufacture: Karnataka High Court *  Madras High Court Examines DGGI’s Authority to Issue GST Penalty Orders Under Section 122, Adds DGGI as Party *  Proceedings under omitted r. 96(10) can’t survive without saving clause: andhra pradesh high court quashes gst refund recovery *  Excise duty power consumption alone can’t prove clandestine manufacture: karnataka high court *  Madras high court rules GST show cause notices must disclose grounds for invoking extended limitation *  Court Can’t Direct Extension GST Return Deadlines or Waive Interest and Penalties: Karnataka High Court *  GST Notifications Can’t Go Beyond GST Council Recommendations: Madras High Court Quashes SCN on Branded Pulses *  Appeal Can’t Be Dismissed for Delay When Dept’s Own Order Mis-states Limitation Period: CESTAT *  No Evidence of KYC or Due Diligence Breach By Customs Broker: CESTAT Quashes Licence Revocation in Export Overvaluation Case *  Glucometers Are Chemical Analysis Instruments Classifiable Under Tariff Heading 9027: CESTAT *  Validity of Post-GST Service Tax Proceedings Upheld: Gujarat High Court Dismisses Challenge to S. 73 SCN *  Rectified GST Refund Applications Can’t Be Rejected as Time-Barred If Original Refund Claim Was Filed Within Limitation: Gujarat HC *  Service Tax Refund Can’t Be Denied as Time-Barred When Levy Itself Is Unconstitutional: Gujarat High Court *  Same Officer Can’t Act As Auditor & Adjudicator: Karnataka High Court *  Karnataka High Court Condones 324-Day Delay, Revives Customs Appeal in Jewellery Pilferage Case  *  Madras High Court Quashes GST Assessment Order Passed Ex Parte Despite Prior ITC Reversal; Lifts Bank Attachment *  Tobacco Process Doesn’t Amount to Manufacturing: Madras High Court Quashes Rs. 1.32 Crore Compensation Cess Demand  *  Recovery Notice Unsustainable After Voluntary Reversal of Unutilised Credit: CESTAT  *  GST | ‘System Generated’ SCN Without Officer Details Invalid: Allahabad HC  *  Electronic Records Without Statutory Certification Requirements Can’t Justify Undervaluation Allegations: CESTAT *  Madras High Court Stays GST Order, Finds Prima Facie Merit in Plea Against S. 74 Proceedings Based on S. 73 Intimation  

Comments

Print   |    |  Comment

GST Update No 295 on recovery of ITC from recipient for default in payment of tax by supplier

GST Update No 295 on recovery of ITC from recipient for default in payment of tax by supplier
The issue as regards to denial of input tax credit to the recipient in case payment of tax is not made by the supplier has its tentacles from erstwhile indirect tax regime. It is well settled principle that legitimate input tax credit available to the recipient should not be denied for contravention of statutory provisions by the supplier as it would lead to punishing the innocent. On similar lines, recently one case was reported before hon’ble Madras High Court in the case of M/S D.Y. BEATHEL ENTERPRISES V/S THE STATE TAX OFFICER. The decision imparted in this case is subject matter of discussion of our present update.
The petitioner is trader in Raw Rubber Sheets and have purchased goods from Charles and his wife. The consideration along with tax component was paid to the seller through banking channels. Subsequently, inspection was carried out wherein it was observed that no tax was paid to the Government by Charles and his wife. Henceforth, a show cause notice was issued to the petitioner denying the input tax credit.
The petitioner submitted that all the amount was paid to the two sellers and therefore, they should be confronted during enquiry. However, without involving the sellers the order came to be passed levying the entire liability on the petitioners only. Reliance was further placed on the decision of Madras High Court in the case of SRI VINAYAGA AGENCIES VS. THE ASSISTANT COMMISSIONER, CT VADAPALANI. Moreover, the authority also does not have the jurisdiction to reverse the input tax credit already availed by the assessee on the ground that the selling dealer has not paid the tax. Reference was also drawn to the press release of GST Council dated 04.05.2018. Therefore, in case of default in payment of tax by the seller, recovery shall be made from the seller. Attention of the Court was also drawn towards the final assessment order dated 27.10.2020.The respondent filed a counter affidavit and contended that they do not warrant any interference. It was further argued that the respondent cannot be faulted for having reversed whatever ITC that was already availed by the petitioners herein.
The Court stated that it is crystal clear that the assessee must have received the goods and the tax charged in respect of its supply, must have been actually paid to the Government either in cash or through utilization of input tax credit. Therefore, in case appropriate amount of tax does not reaches to the kitty of Government, then liability needs to be borne by either the seller or purchaser. However, in the present situation, no recovery action is initiated against the seller. The Court stated that the revenue authorities have grossly erred in following the approach. Therefore, strict action needs to be initiated against the seller since tax was not remitted by him. Further, the respondent submitted that there is no movement of goods and hence, it becomes more necessary to set an enquiry against the seller. Thus, the impugned orders suffer from certain fundamental flaws since no examination or recovery is first made towards seller, rather action is directly initiated against the purchaser. Therefore, the petition was allowed and matter was remanded back for fresh proceedings.
The above decision is a landmark decision in favour of trade and industry. It is observed that time and again, the revenue authorities initiate action against the bonafide purchasers denying legitimate amount of input tax credit merely because the seller has failed to make payment of tax component in accordance with the provisions of Section 16(2)(c) of CGST Act, 2017. However, there had been various rulings wherein relief has been granted to the recipient. To illustrate, Apex court in the case of KAY KAY INDUSTRIES, Madras High Court in the case of SRI RANGANATHAR VALVES PRIVATE LIMITED VS AC [W.P.Nos.38488 to 38493 of 2015 dated 02.09.2020], INFINITI WHOLESALE LIMITED and Delhi High Court in the case of ARISE INDIA LIMITED held that no liability can be fastened on the purchaser in case the seller failed to deposit the tax amount. It is high time that these settled cases should be adhered to by the subordinate authorities failing whichthe aggrieved assessees will have to knock the doors of Courts repeatedly to seek relief.
Department News


Query

 
PRADEEP JAIN, F.C.A.

Head Office : -

Address :
"SUGYAN", H - 29, SHASTRI NAGAR, JODHPUR (RAJ.) - 342003

Phone No. :
0291 - 2439496, 0291 - 3258496

Mobile No. :
09314722236

Fax No. :0291 - 2439496


Branch Office : -

Address:
1008, 10th FLOOR, SUKH SAGAR COMPLEX,
NEAR FORTUNE LANDMARK HOTEL, USMANPURA,
ASHRAM ROAD, AHMEDABAD-380013

Phone No. :
079-32999496, 27560043

Mobile No. :
093777659496, 09377649496

E-mail :pradeep@capradeepjain.com