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

26
141719

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

26 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

  9. Sorry
    This SUPREME COURT JUDGEMENT is relevant in VAT REGIME

    NO RELAVANCE WITH GST LAWS

    GST COUNCIL SHOULD TAKE COGNIZANCE OF THIS JUDGEMENT AND AMMEND GST LAWS

    SUBMITED

    RAMESH
    08.10.2019

  10. when seller fails to upload or deposit gst on sale , meas tax not deposited in govt. account , how can purchaser claim itc , under reconciliation with 2a tax will not match . and can not claim the input credit

  11. Hi
    Seems this judgement is applicable only for VAT & CST cases and not for GST.
    The same should be logically applicable for GST also as earlier Matching Concept was not there in excise & VAT too.
    Still clarification is required, as this judgement will make Matching concept redundant !!

LEAVE A REPLY

Please enter your comment!
Please enter your name here