Received GST Notices where in GST Dept has asked Taxapayer to reverse the ITC as the supplier was fraud. Which case law should be used in the favour of Taxpayer who has claimed the ITC? Thank You.
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ITC Claim
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The strongest practical judgments generally relied upon in favour of taxpayers are:
- D.Y. Beathel Enterprises
- LGW Industries
- Suncraft Energy
But success mainly depends on whether the taxpayer can prove:
- actual receipt of goods/services,
- genuine business transaction,
- payment through banking channels,
- and absence of involvement in supplier fraud.
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