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No reversal of ITC on ground that supplier was non-existent if documentary evidence was duly produced
THE Hon’ble MADRAS HIGH COURT in the case of TVL. Cleon Optobiz (P.) Ltd. v/s Assistant Commissioner (ST) decided on 19-1-2024
👉 Issue:-
✔️ Can it be Fraudulent transactions even if Invoices, e-way bills and proof of payment of invoices in form of relevant bank statements were produced by assessee before department?
👉 The Hon’ble High Court Judgement:-
✔️ Where order was passed reversing ITC availed by assessee due to cancellation of registration of one of its supplier, since assessee had produced all relevant materials to establish that purchases were genuine and same were not considered by department, order passed by department was to be set aside and matter was to be remanded for reconsideration
Section 16 of Central Goods and Services Tax Act, 2017
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