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GST - Highlights / Catch Notes

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Reversal of ineligible ITC - The case involved a trader served ...

GST

March 29, 2024

Reversal of ineligible ITC - The case involved a trader served with a notice to pay/reverse ineligible Input Tax Credit (ITC) due to a discrepancy between GSTR-2A and GSTR-3B filings. The trader argued that they acted in good faith based on invoices from a selling dealer whose GST registration was subsequently cancelled. Legal precedents were cited to challenge the legality of the notice. The High Court determined that the notice was an intimation under Section 74(5), allowing the trader to address the issue before formal proceedings. The Court directed the trader to take necessary actions or file objections, with the adjudicating officer examining objections and relevant documents before initiating formal proceedings.

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