As per Section 74 : Both SUPPLIER (Where it appears to the proper officer that any tax has not been paid or short paid) & RECEPIENT(where input tax credit has been wrongly availed or utilised by reason of fraud, or any willful-misstatement or suppression of facts to evade tax,)
In case supplier pays the tax u/s 74,129 or 130, where is the question of ITC for the receipient , nothing has gone out of the receipient's pocket in the first place in order to avail credit later?