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

Compliance Due Dates Calendar April 2026

Compliance Due Dates Calendar April 2026 Tax and GST Compliance Calendar for the April 2026 GST Due Dates 10 April 2026… Read More

5 hours ago

Avoid Rejection: How to Conduct Proper Brand Verification

Avoid Rejection: How to Conduct Proper Brand Verification Before Legal Protection Introduction Building a strong brand begins with selecting the… Read More

7 hours ago

When Banks Lose Your Property Documents in a loan case

When Banks Lose Your Property Documents in a loan case Background of the Case : Loan & Security Arrangement Manoj Madhusudhanan… Read More

1 day ago

Whether electricity qualify as goods for applying TDS 194Q

Whether electricity qualifies as “goods” for applying TDS under Section 194Q. Is Electricity “Goods”? Electricity is not defined in the… Read More

2 days ago

Step-by-Step Filing Process of Form No. 149 (Earlier 26A)

All about Chartered Accountant Certificate u/s 201(1)/Rule 31ACB - Form No. 149 (Earlier 26A) Section 201(1) of the Income Tax… Read More

3 days ago

Form 30A vs TDS: How India Taxes Non-Resident Guest Lecturer

Applicability of TDS on Honorarium (Non-Resident Guest Lecturer) The Income Tax Act does not define “honorarium”; as per the general… Read More

5 days ago
Call Us Enquire Now