Categories: Gst Compliance

GST No is cancelled, ITC cannot be rejected : HC

When a supplier’s GST Number is cancelled with retrospective effect, ITC cannot be rejected: HC

  • By their impugned order dated December 27, 2021, the concerned GST Officer (The Respondent) in this case denied the petitioner the benefit of Input Tax Credit (ITC) on their purchase of the goods in question from the suppliers and demanded that they pay the penalty and interest under the applicable provisions of the GST Act, on the grounds that the registration of the suppliers in question was incomplete. The petitioner was upset by this action and filed a petition.
  • Petitioners (i.e Sanchita Kundu & Anr) in support of their point of contention have properly relied on unreported judgment of Calcutta High Court dated 13th Dec, 2021 in a which is a similar case in matter related of M/s. LGW Industries Limited & Ors. Vs. Union of India & Ors.
  • If it is determined via verification and consideration of the relevant documentation that all the purchases and transactions in question are genuine, supported by valid documents, & That respective transactions in question were completed prior to the cancellation of those suppliers’ registration, as well as if the facts of the petitioners are similar to those of the Supreme Court, various High Courts & this Court judgments on which the petitioners intend to rely,

Sanchita Kundu & Anr. Vs Assistant Commissioner of State Tax (Calcutta High Court)- Summary : 

  • Input Tax Credit cannot be denied only on the ground of GST Registration of Suppliers is Cancellation:
  • Honorable High Court of Calcutta has decided that ITC cannot be denied in case of transactions is genuine with suppliers whose Cancellation of GST registration is made by dept. 

Popular Articles :

Rajput Jain & Associates

Rajput Jain & Associates is a Chartered Accountants firm, with it's headquarter situated at New Delhi (the capital of India). The firm has been set up by a group of young, enthusiastic, highly skilled and motivated professionals who have taken experience from top consulting firms and are extensively experienced in their chosen fields has providing a wide array of Accounting, Auditing, Taxation, Assurance and Business advisory services to various clients and their stakeholders. Rajput jain & Associates, a professional firm, offers its clients a full range of services, To serve better and to bring bucket of services under one roof, the firm has merged with it various Chartered Accountancy firms pioneer in diversified fields. We have associates all over India in big cities. All our offices are well equipped with latest technological support with updated reference materials. We have a large team of professionals other than our Core Team members to meet the requirements of our prospective clients including the existing ones. However, considering our commitment towards high quality services to our clients, our team keeps on growing with more and more associates having strong professional background with good exposure in the related areas of responsibility.

Recent Posts

Building a Robust Audit Manual for CA Firms : Implementation

Building a Robust Audit Manual for CA Firms: From Design to Implementation In today's increasingly regulated audit environment, maintaining a… Read More

11 hours ago

AFA Renewal for Dec 2026 & Its Impact on NCLT Empanelment

Apply Early, Stay Compliant: AFA Renewal for December 2026 and Its Impact on NCLT Empanelment The renewal of the Authorisation… Read More

18 hours ago

Decoding Form 10B & Form 10BB for AY 2026-27

Decoding Form 10B & Form 10BB for AY 2026-27: for Charitable Trust Introduction The audit reporting landscape for charitable trusts… Read More

2 days ago

Govt Approves EPFO Wage Ceiling from 15k to 25k Per Month

Cabinet Approves Enhancement of EPFO Wage Ceiling from INR 15,000 to INR 25,000 per Month The Union Cabinet, chaired by… Read More

6 days ago

Income Tax Practitioner (ITP) as per New I Tax Act 2025

Income Tax Practitioner (ITP) Registration Process as per New Income Tax Act, 2025 We are going to discuss the Concept… Read More

6 days ago

Legal Framework of the DPDP Act, 2023

Legal framework: Digital Personal Data Protection Act 2023 The Digital Personal Data Protection (DPDP) Act, 2023 is India's primary law… Read More

1 week ago
Call Us Enquire Now