ITC claimed by the Recipient cannot be denied without conducting due diligence of Supplier

Last updated: 19 December 2023

Court :
Supreme Court of India

Brief :
The Hon'ble Supreme Court in the case of the Assistant Commissioner of State Tax, Ballygunje and Others v. Suncraft Energy Pvt. Ltd. [Special Leave Petition (C) No. 27827-27828 of 2023 dated December 14, 2023] reaffirmed the order passed by the Hon'ble Calcutta High Court in the case of M/s.Suncraft Energy Private Limited and Another v. The Assistant Commissioner, State Tax [MAT 1218 of 2023 dated August 02, 2023] wherein the Court set aside the order of reversing excess credit availed in Form GSTR-3B as compared to Form GSTR-2A and held that the demand notice issued to the assessee for reversing the ITC could not be sustained without proper inquiry into the supplier's actions.

Citation :
Special Leave Petition (C) No. 27827-27828 of 2023 dated December 14, 2023