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ITC Claimed Under Wrong Head Not Excess Where Credit Is Available to claim: Madras HC
Case Law Details
- Case Name
- Periyasamy Karthikeyan Vs State Tax Officer (Madras High Court)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- All High Courts, Madras High Court
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Periyasamy Karthikeyan Vs State Tax Officer (Madras High Court)
ITC claimed under wrong head does not amount to excess claim, as long same is available to claim-Madras HC.
In recent case of Periyasamy Karthikeyan vs The State Tax Officer, Karur MADRAS HIGH COURT held that, mere claim of ITC under head of CGST and SGST instead of IGST, does not amount to excess claim, unless same claimed without any ITC actually available. Court set aside the order.
Background:- the petitioner has wrongly claimed ITC for the financial year 2018-19, under CGST and SGST instead of claiming it und...
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