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ITC Benefit to Recipient: Calcutta High Court Ensures Relief in Landmark Ruling

  • Writer: Rahul Jain
    Rahul Jain
  • Jun 19, 2023
  • 2 min read

A wave of uncertainty engulfed taxpayers as notices threatening the disallowance of input tax credit (ITC) flooded their inboxes. However, a ray of hope emerged from the Calcutta High Court, which delivered a groundbreaking ruling to provide much-needed relief. In a landmark decision, the court declared that the retrospective cancellation of a supplier's GST registration cannot strip the purchaser of their rightful ITC benefits. Let's delve into the details of this significant ruling and understand its implications for taxpayers navigating the complex realm of GST.


The Battle for Credit:

Imagine a scenario where a taxpayer claims ITC against supplies from a supplier, only to have their claim rejected by the GST officer. The reason? The supplier was accused of being fake, non-existent, and operating with forged documents. Caught in a web of uncertainty, the taxpayer found themselves grappling with the authenticity of their supplier and the validity of their ITC claim.


The High Court's Gaze:

In a keen observation, the Calcutta High Court noted that at the time of the transaction, the supplier's name was registered in the GST records, and the taxpayer had diligently made payments via bank transfers, leaving no room for cash transactions. Recognizing that the taxpayer had fulfilled their obligations under the GST law, the court concluded that they couldn't be held responsible for the supplier's misconduct.


A Ray of Hope:

In a momentous decision, the Calcutta High Court directed the GST officer to reevaluate the taxpayer's claim, taking into account the transaction documents and the bonafide nature of the transaction. The court emphasized that the right of the taxpayer to claim ITC should not be denied, even in the face of a retrospectively cancelled GST registration.


The Power of Documentation:

This ruling serves as a powerful reminder of the importance of maintaining proper records and documents. In an era where genuineness is paramount, having a well-documented trail of transactions becomes imperative. It not only establishes the bonafide nature of transactions but also acts as a shield against unwarranted challenges.


The Takeaway:

As a taxpayer, it is crucial to remain vigilant and meticulous in record-keeping. Ensure that your transactions are bonafide and backed by comprehensive documentation. The ruling by the Calcutta High Court upholds your right to claim ITC, even if the supplier's GST registration is retrospectively cancelled. This precedent provides a sense of relief and reassurance for taxpayers navigating the complexities of the GST landscape.


Join the Conversation:

How do you think it will impact taxpayers facing similar challenges? Share your insights, experiences, and opinions in the comments below. Let's engage in a constructive conversation about the evolving GST landscape and its implications for businesses and individuals alike.

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