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

Mere production of invoices & e-way bills is insufficient for claiming ITC: Allahabad HC

Case Law Details

TaxGuru Citation
2024 taxguru.in 4053
Case Name
Anil Rice Mill Vs State of U.P. And 2 Others (Allahabad High Court)
Date of Judgement/Order
Only available for paid members
Advertisement

Anil Rice Mill Vs State of U.P. And 2 Others (Allahabad High Court)

In the case of Anil Rice Mill vs. State of U.P. and Others, the Allahabad High Court dismissed a writ petition challenging the orders passed by the Deputy Commissioner, Commercial Tax, and the Additional Commissioner regarding the imposition of tax and penalties on Anil Rice Mill. The petitioner, a proprietorship firm, was accused of wrongfully availing input tax credit (ITC) under the GST Act for the months of June to September 2020-21. The firm argued that they had made payments through proper channels and that the failure of the selling dealer to deposit taxes should not impact their ITC claims. However, the court held that the burden of proving the genuineness of the transactions, including the physical movement of goods, lies with the purchaser. Since the petitioner failed to provide sufficient evidence, such as details of transportation and delivery, the court upheld the orders against the firm. The judgment emphasized that mere production of invoices and e-way bills is insufficient for claiming ITC, and the court rejected the petitioner’s reliance on earlier judgments, stating that recent Supreme Court rulings have clarified the stringent requirements for proving ITC claims.

Paid content

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

Advertisement

Author Info

CA Sandeep Kanoi
Qualification: CA in Job / Business
Company: Taxguru Consultancy
Location: Mumbai, Maharashtra
Articles Published: 19,751

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