ArticleGST Article

Confirmation of Reversal of Input Tax Credit (ITC) in respect of Credit Notes issued

Section 34 of CGST Act, 2017 requires the recipient to reverse the Input tax credit already taken basis the credit note issued by the supplier so that the supplier can reduce his output tax liability. CBIC has issued Circular no. 212/06/2024 dated 26.06.2024 providing mechanism for evidencing the compliance of condition of section 15(3)(b)(ii) of CGST Act, 2017.

ArticleGST Article

Failure of Chartered Accountant to Communicate Show Cause Notice Is Not a Ground for Equitable Interference Against Ex-Parte GST Demand Orders

The Hon’ble Delhi High Court in the case of M/s Fone Zone NXT held that non-response to show cause notices on the ground that the Chartered Accountant failed to inform the assessee does not warrant exercise of equity or interference with ex-parte orders passed under Section 73 of the GST law, and that willingness to deposit part of the demand cannot justify deviation from the statutory procedure.

ArticleGST Article

SC: Prolonged Pre-Trial Custody and Likely Delay in Trial Justify Grant of Bail Even in Serious Fake-ITC Allegations

The Hon’ble Supreme Court of India in the case of Amit Mehra v. Union of India [Special Leave to Appeal (Crl.) No.20996/2025, order dated January 12, 2026] held that notwithstanding the gravity of the alleged offence relating to fake input tax credit, the petitioner was entitled to regular bail considering prolonged judicial custody, non-commencement of trial, absence of charge-framing, the offences being triable by a Magistrate, and the maximum punishment being up to five years, and accordingly set aside the order of the Punjab & Haryana High Court declining bail.

ArticleGST Article

Section 75(12) Can Be Invoked Only for Admitted Self-Assessed Return Liabilities

The Hon’ble Andhra Pradesh High Court in the case of M/s. Sona Enterprises held that recovery under Section 75(12) read with Section 79 of the CGST Act is permissible only where the registered person has clearly disclosed a tax liability in returns filed under Section 39 and such admitted liability remains unpaid, and that the said recovery mechanism cannot be invoked where the Revenue alleges wrong usage of input tax credit, which must be addressed only through adjudication under Sections 73 or 74.