9911796707
TMI Blog2023 (10) TMI 933X X X X Extracts X X X X X X X X Extracts X X X X ..... nder the Input Tax Credit availed and further utilized by the petitioner against invoices issued without actual receipt of goods has been held to be inadmissible in terms of Section 16 of the CGST Act, 2017 read with Rule 36 of CGST rules, 2017 and the demand and recovery of input tax credit amounting to Rs. 15,64,58,361 (IGST 8,04,90,895/- +CGST Rs/ 3,79,83,733/- + SGST Rs. 3,79,83,733/-) availed and utilized on the basis of fake invoices issued by non existent suppliers without concomitant goods during the period from October 2017 to March 2022 under Section 74 (1) of the CGST Act, 2017 and UPGST Act, 2017 read with Section 20 of the IGST Act, 2017, from the petitioner along with interest under Section 50 of the CGST Act 2017 and UPGST Ac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e basis of the invoices issued by the Suppliers. The presumption of the respondents that the suppliers are non existent and fictitious is without any basis and is liable to be set aside. Reliance has been placed upon the decisions reported in 2022 (59) GSTL 45 (All), 2023 (71) GSTL 141 (Chhatisgarh), 2019 (367) ELT 614 (Bom.), 2022 (57) GSTL 374 (Pat), Writ Petition (C) 3820 of 2023 (Anuj Gupta vs. Commissioner of Central Tax GST Delhi East) and connected matters decided on May, 2, 2023, 2021 (44) GSTL 228 (Telangana); 2022 (63) GSTL 305 (Pat.) and 2023 (76) GSTL 49 (2023) (8) Central 10 (All). 4. Sri Krishna Agarwal, learned counsel for the Revenue in opposition to the writ petition submits that the impugned order does not suffer from any ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n observed that ITC can be claimed only on genuine transactions of sale and purchase. For claiming ITC, genuineness of the transaction and actual physical movement of the goods are the sine qua non and the aforesaid can be proved only by furnishing the name and address of the selling dealer, details of the vehicle which has delivered the goods, payment of freight charges, acknowledgement of taking delivery of goods, tax invoices and payment particulars etc. The purchasing dealers have to prove the actual physical movement of the goods, alleged to have been purchased from the respective dealers. If the purchasing dealer/s fails/fail to establish and prove the said important aspect of physical movement of the goods alleged to have been purcha ..... X X X X Extracts X X X X X X X X Extracts X X X X
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