Case Law Details
Narula Menthol Vs UOI & Ors. (Uttarakhand High Court)
1. Hon’ble Uttarakhand High Court has quashed the demand intimation letters issued by the GST Dept. which directed the Petitioner to reverse the ITC amounting to Rs. 1.75 Cr on the basis that the supplier from whom the goods were purchased, has failed to deposit the tax to the Govt.
2. The Hon’ble HC has held that the provisions stipulated under section 73/74 read with rules should be mandatorily followed and no recovery can be done by any other means.
3. It is only an intimation of demand and hence there is no imminent threat, which is being faced by the petitioner of the recovery of the amount.
4. If at all the respondents intend to take any action for the purposes of recovery of the Input Tax Credit, they would proceed with exclusively in accordance with law and particularly in accordance with the procedure provided under Sections 73 and 74 to be read with the Rules.
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