Rattan Advocates

Judgments on Input Tax Credit under GST

Sr. No.Judgment NameJudgment Head NoteJudgment Link
1)Hon’ble Supreme Court in the case of The State of Karnataka V. E Com Gill Coffee Trading (P) Ltd. vide Civil Appeal No. 230 of 2023.The genuineness of transaction has to be proved as the burden to prove the genuineness of the transaction would be upon the purchasing dealer.

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2)Hon’ble Allahabad High Court in the case of M/s House of Engineering & Solutions Pvt. Ltd. V. State of U.P. & Others vide Writ Tax No. 1372 of 2023HC directs tax officials to verify correct facts from GSTIN before blocking ITC and pass appropriate orders.

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3)Hon’ble Kerela High Court in the case of M/s Henna Medicals, Bus Stand Road, Panoor V. State Tax Officer, Second Circle, State Goods & Service Tax Dept. [WPC 30660 of 2023]Input Tax Credit cannot be denied based solely on the difference between GSTR-2A and GSTR-3B.

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4)Hon’ble Kerela High Court in the case of M/s Diya Agencies V. State Tax Officer, State GST Dept. [W.P.C no. 29769 of 2023]ITC cannot be denied to the recipient on the ground that transactions are not reflected in GSTR-2A.

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5)Hon’ble Calcutta High Court in the case of Sanchita Kundu & Anr. V. Assistant Commissioner of State Tax [W.P.A. no. 7231 of 2022]ITC cannot be denied on genuine transactions with suppliers whose registration cancelled after transaction.

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6))Hon’ble Madras High Court in the case of Sri Shanmuga HArdwares Electricals V. State Tax Officer [W.P. no. 3804, 3808 and 3813 of 2024]Hon’ble Madras High Court quashed the orders where claim was rejected entirely on the ground that GSTR-3B return did not reflect the claim of ITC. Court remanded he matters for fresh consideration by directing Assessing Officer to grant ITC claim by examining all the relevant documents.

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7)Hon’ble Madras High Court in the case of Cleon Optobiz Pvt. Ltd. V. Assistant Commissioner (ST) vide W.P. no. 495 of 2024ITC cannot be denied without considering the submission of petitioner.

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