M Com FCS LLB M-AIMA
14032 Points
Joined June 2009
There is no conditions prescribed under section 16 so ITC is not reversible on this very ground. The only thing is that you shall have to prove the movement and receipt of goods, even though e way bill is not in itself a conclusive proof. In the light of Supreme Court judgment recently in Karnataka VAT case the principles of which applies to GST as well you need to substantiate your claim if at all notice is received.