ITC cannot be denied to bona fide recipient for supplier’s failure to deposit tax with the Government

The Hon’ble Gauhati High Court in M/s Metal Syndicate and Another v. The Union of India & Ors. [W.P. (C) No. 2960/2026 dated June 05, 2026] set aside the Order-in-Original and the Order-in-Appeal confirming GST demand of Rs. 78,70,952/- along with interest and equivalent penalty, and held that a bona fide purchasing dealer cannot be denied Input Tax Credit (“ITC”) merely on account of the supplier’s failure to deposit the tax collected with the Government. The Court reiterated that the Department’s remedy in such circumstances lies against the defaulting supplier and not against the genuine recipient, who has discharged all statutory obligations.

CLICK HERE FOR COMPLETE GST NEWSLETTER IN PDF

Disclaimer
The above heading and content have been reproduced without alteration from the cited source solely for educational and informational purposes. We do not independently verify or assume liability for its accuracy, completeness, authenticity, or recency. All responsibility rests with the original source and respective news agency.

This will close in 5 seconds

Scroll to Top