Claim of ITC through GSTR-3B justified since FormGST ITC-02 was not live oncommon portal


Quick Summary
The Allahabad High Court has ruled that a company was justified in transferring Input Tax Credit (ITC) using Form GSTR-3B, rather than the designated Form ITC-02. This decision was made because the Form ITC-02 was not yet operational on the common GST portal at the time of the transfer. The court set aside a demand for differential ITC, interest, and penalty previously raised by the Revenue Department.

Court :
Allahabad High Court

Brief :
The Hon'ble Allahabad High Court in M/s TikonaInfinet Private Limited v. State of U.P. [Writ Tax No. 859 of 2023 dated July 25, 2023] set aside the demand raised on the ground that assessee instead of passing the Input Tax Credit ("ITC") through Form GST ITC-02 transferred ITC through Form GSTR-3B and held that the stand of the Revenue Department was not correct since the Form ITC-02 was not live on thecommon portal.

Citation :
Writ Tax No. 859 of 2023 dated July 25, 2023

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Bimal Jain
Published in GST
Views : 367

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