Advertisement
Advertisement
Skip to content
Follow Us on
Advertisement
TOP STORIES
Goods and Services Tax

Recipient Unit Authorities Cannot Question ISD Credit Distribution Accepted by Jurisdictional ISD Authorities

Case Law Details

TaxGuru Citation
2026 taxguru.in 5215
Case Name
Abbott Healthcare Pvt. Ltd. Vs Union of India & Ors. (Himachal Pradesh High Court)
Date of Judgement/Order
Only available for paid members
Advertisement

Abbott Healthcare Pvt. Ltd. Vs Union of India & Ors. (Himachal Pradesh High Court)

Recipient Unit Authorities Cannot Question ISD Credit Distribution Accepted by Jurisdictional ISD Authorities

The petitioner is a leading pharmaceutical MNC. It has its head office at Mumbai. The said office is registered as an “input service distributor”. The ISD distributed credit to the Shimla plant. Similarly; there was a cross charge by Mumbai office to Shimla. The officer at Shimla questioned such credit on the ground that ISD has not correctly distributed the credit. Demand of over Rs.80 crores with interest and penalty was confirmed. Hence; petition came to be filed.

The Hon’ble Himachal Pradesh High Court set aside the order and allowed the petition. It noted: (i) there is a fundamental jurisdictional objection: the ISD distributing credit was registered in Mumbai, whereas the Shimla adjudicating authority proceeded to question and deny such ISD-distributed ITC at the recipient unit; (ii) the petitioner placed on record audit report of the Mumbai ISD by the jurisdictional authorities; which, after detailed verification of records, accepted the correctness of the credit distribution, thereby undermining the very basis of the Shimla proceedings; (iii) the court notes that the Revenue authorities at Shimla has no reply to the said audit report; (iv) notes that the adjudicating authority had failed to address the jurisdictional objection and accordingly; remands the matter back to the adjudicating authority; to pass fresh order; leaving all issues on merits open.

Paid content

Become a Premium Member, or log in if you are already a Premium member.

Advertisement

Author Info

UBR Legal Advocates
Qualification: LL.B / Advocate
Location: Mumbai, Maharashtra
Articles Published: 280

Join TaxGuru's Network for the latest updates on Income Tax, GST, Company Law, Corporate Laws and other related subjects.