Home GST ITC cannot be reversed solely on the basis of auto-populated Credit Note in Form GSTR-2A [Read Order]

ITC cannot be reversed solely on the basis of auto-populated Credit Note in Form GSTR-2A [Read Order]

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ITC cannot be reversed solely on the basis of auto-populated Credit Note in Form GSTR-2A [Read Order]

ITC can’t be reversed solely on the premise of auto-populated Credit score Observe in Kind GSTR-2A [Read Order]

The petitioner challenges an evaluation order dated 11.08.2023 and the consequential financial institution attachment order dated 18.11.2023. The petitioner asserts that he was common in submitting returns. He additional asserts that he was unaware of the issuance of the discover in Kind ASMT-10, the present trigger discover in Kind DRC-01 and the evaluation order dated  11.08.2023  till he obtained the impugned financial institution attachment order dated 18.11.2023. The current writ petition was filed within the stated info and circumstances.

The Enter Tax Credit score (ITC) availed of by the petitioner was reversed on the bottom that three suppliers had issued credit score notes to the petitioner. Out of the three, he submits that the petitioner didn’t buy any merchandise from MahamayaIspat, A Division of Abhishek Metal Industries Restricted and that, due to this fact, the stated entity didn’t challenge credit score notes throughout the related interval. If the petitioner had data of the proceedings initiated by the respondents, it’s acknowledged that the petitioner would have positioned these info on file. Discovered counsel additional submits that the mixture sum of Rs.3,39,674 was appropriated pursuant to the financial institution attachment Order.

Rivalry of GST Division:

It was submitted that the reversal of ITC was on the premise of the auto-populated GSTR-2A. He submits that this info was taken from the portal.

Order of the Court docket:

4. The admitted place is that your complete demand underneath the evaluation order of Rs.2,82,760/- was glad by means of the remittance made by the financial institution to the tax division. Consequently, income curiosity is absolutely protected at this juncture. If the competition of the petitioner that no provides have been effected by Abhishek Metal Industries Restricted is discovered to be appropriate, the reversal of ITC to that extent could warrant revision. Solely, because of this, the impugned order requires interference.

5. Subsequently, the impugned evaluation order dated 11.08.2023 is quashed and the matter is remanded for re-consideration by the primary respondent. The petitioner is permitted to submit a reply to the present trigger discover dated 11.07.2023 inside a most interval of two weeks from the date of receipt of a duplicate of this order. Upon receipt thereof, the primary respondent is directed to offer an affordable alternative to the petitioner, together with a private listening to, and thereafter challenge a recent evaluation order inside a most interval of two months thereafter. For the avoidance of doubt, it’s made clear that the quantities appropriated pursuant to the evaluation order shall be retained topic to the result of the remanded proceedings.

For Official Judgment Obtain PDF Given Beneath:

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