Welcome Judgement by Supreme Court : ITC to be given to the purchaser even if tax is not deposited by seller

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Welcome Judgement by Supreme Court : ITC to be given to the purchaser even if tax is not deposited by seller

DELHI HIGH COURT ORDER SUPPORTED BY SUPREME COURT*
BUYER IS ELEGEABLE TO CLAIM INPUT TAX CREDIT UNDER VAT EVEN IF SELLER NOT UPLOADED OR NOT PAID VAT ON HIS SALES, IT’S GOVT DUTY TO COLLECT VAT, CST, PENALTY ETC. FROM THE SELLING PARTY AND NOT FROM THE BUYERS

22 COMMENTS

  1. On reading the whole judgement I could realte it with the title.
    Pl help me to find which para says / means that ITC to be given to the purchaser even if tax is not deposited by seller

  2. This is a provision which the GST COUNCIL which is composed of learned economists and administrators, should have naturally incorporated.
    If they did not, it was because they knew that the system could not perform to requisite standards.
    They therefore played on the fog and lack of knowledge of taxpayers. The Modi Govt therefore obviously planned to CHEAT INDIAN TAX PAYING CITIZENS ! It was a PRE-MEDITATED robbery. Who will be hacked for it ? Ungrateful rascals !

    • This is alwsys case in VAT as well…atleast here they change it…but it should be also buyer duty to deal with Seller…there r lots of cases whr illegal sales and purchases r done and claimed tax imput from government.

  3. Hi
    This supreme court order does not talk about itc being available to buyer even in case seller does not remit taxes.
    Pls clarify.
    Thanks.

  4. Maharastra GST not accepting this order ..
    Everything to be done by tax payer then what the department is for ..why department is not punishing who don’t pay ..why the honest tax payer is penalized always …
    This must be rectified in GST law

  5. Now interestingly ,today I got a Notice from Nasik DC of ST for evasion of tax by selling dealer where purchaser was denied input credit.Whether DC of VAT is justified in issuing cross examination of TO

  6. This judgement delivered under VAT Act will have no adverse impact on GST. Moreover this judgement will be applicable in Tamilnadu only as reference Act is TNVAT Act.

  7. Is this aplicable for GST for whole of India, now we can take benefit of GST according ti purchase bill, please define procedure

  8. Is this aplicable for GST for whole of India, now we can take benefit of GST according to purchase bill only, now we dont need to verify on portal please define procedure

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