ITC disallowance to buyer for seller's default to pay taxes unsustainable
Last updated: 19 November 2020
Court :
Madras High Court
Brief :
The Hon'ble Madras High Court in the case of M/s. Sri Ranganathar Valves Private Limited v. The Assistant Commissioner (CT) (FAC) Velandipalayam Assessment Circle, Coimbatore[W.P. No. 38488 of 2015 dated September 2, 2020] has held that Input Tax Credit ("ITC" restriction in the hands of buyer, on the ground of tax collected but remaining unpaid to the Government by the seller "cannot be sustained" and "requires re-consideration" while disposing the writ in respect of restriction of the amount of ITC claimed for the months of December 2013 to May 2014.
Citation :
W.P. No. 38488 of 2015 dated September 2, 2020
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Bimal Jain
Published in GST
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