ITC denied if buyer having knowledge of investigation going on against his supplier

Quick Summary
The High Court of Madhya Pradesh has ruled that Input Tax Credit (ITC) can be denied if a buyer is aware that their supplier is under investigation. In this case, Dhara Enterprises attempted to claim ITC on supplies from V.K. Enterprises, but the court found that Dhara Enterprises had sufficient knowledge of the transactions being investigated. Therefore, their appeal to quash the tax liability and penalty was dismissed.

Court :
Madhya Pradesh High Court

Brief :
The Hon'ble High Court of Madhya Pradesh in the matter of M/s Dhara Enterprises v. Appellate Authority & Joint Commissioner [Writ Petition No.27676 of 2019 dated May 12, 2022] has upheld the order passed by the Revenue Department imposing the tax liability on the assessee is valid on the ground that the assessee was well aware with the transaction alleged as ineligible on which the benefit of Input Tax Credit ("ITC") was availed by him.

Citation :
Writ Petition No.27676 of 2019 dated May 12, 2022

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Bimal Jain
Published in Income Tax
Views : 979

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