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ITC cannot be denied to genuine buyer in case GST registration of supplier is cancelled retrospectively
Case Law Details
- Case Name
- Gargo Traders Vs. Joint Commissioner, Commercial Taxes (State Tax) & Ors. (Calcutta High Court)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- All High Courts, Calcutta High Court
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Gargo Traders Vs. Joint Commissioner, Commercial Taxes (State Tax) & Ors. (Calcutta High Court)
In a significant decision, the Calcutta High Court clarified that Input Tax Credit (ITC) cannot be denied to a genuine buyer when the registration of the supplier is cancelled retrospectively. The case in point, Gargo Traders Vs. Joint Commissioner, Commercial Taxes, underscores the rights of the registered taxable person (RTP) who had claimed credit of input tax against supply from a supplier.
The key concern for Gargo Traders was the refusal of the respondent authorities to gr...





