Need SUPREME COURT ORDER COPY

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Please send the SUPREME COURT ORDER COPY if any,  with respect to No GST can be demanded from Buyer for fault of Seller of non-payment of taxes to Govt.

 

Fact :  - Buyer purchased Taxable Goods from seller.

         - Payment of tax has been made by the purchasing dealer, but the same has not been remitted to the Government by the Seller 

           - Seller GSTR 3B & GSTR-1 : Not filed

           - Buyer GSTR 2A : NIL

           - Buyer claimed ITC on the basis of Invoice & receipt of goods and Full payment made to the seller.

           - Now Assessing Officer issued notice u/s 73 of CGST Act, 2017 to BUYER  for Payment of excess ITC Claimed.

Replies (6)
We can learn that u do not contacted with ur supplier till the notice issued u/s 73 of Cgst Act,2017 by assessing officer.
There is no Judgement from Hon'ble Supreme court , yes can refer recent judgement from The Hon’ble Madras High Court in M/s. D. Y. Beathel Enterprises v. the State Tax Officer , dated February 24, 2021

There is no supreme court ruling yet. You can take the benefit of DY Beathel case as suggested by Mr Rawat. Chattisgarh HC has stayed the proceeding by citing that case.

All in all you will have to contest your case atleast till HC.

The judgment you are talking about was delivered by Supreme Court in pre GST regime in the case of Kay Kay Industries. 

This is a contentious issue. You can cite Supreme Court ruling as well as Madras HC ruling. though the department may argue Madras HC judgment was a jurisdictional HC judgment and they may not accept the same in your case. But this is case to fight with.

YOU CAN ALSO GIVE REFERENCE FROM " GST AUDIT MANNUAL" 20019,  ISSUED BY DEPARTEMENT WHICH PRESCRIBES THE GUIDELINE TO BE FOLLOW WHILE CONDUCTING AUDIT

IN PAGE 44 UNDER POINT NO. 5.8.3 : "ANY CREDIT NOT REFLECTED IN 2A OF RECEPIENT NEED TO BE VERIFY FROM SUPPLIER ".

IN ABOVE DEPARTMENT ITSELF SAYING THAT ITC NOT REFLECTED IN NEED TO BE VERIFY FROM SUPPLIER.

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