GST ArticleHigh Court

Claim of ITC through GSTR-3B justified since Form GST ITC-02 was not live on common portal

The Hon’ble Allahabad High Court in M/s Tikona Infinet Private Limited v. State of U.P. set aside the demand raised on the ground that assessee instead of passing the ITC through Form GST ITC-02 transferred ITC through Form GSTR-3B and held that the stand of the Revenue Department was not correct since the Form ITC-02 was not live on the common portal.

GST ArticleHigh Court

ITC of recipient cannot denied without conducting due diligence of supplier

The Hon’ble Calcutta High Court in Suncraft Energy Private Limited and Another v. The Assistant Commissioner, State Tax set aside the order of reversing excess credit availed in Form GSTR-3B as compared to Form GSTR-2A and held that the demand notice issued to the assessee for reversing the ITC could not be sustained without proper inquiry into the supplier’s actions.