The ruling in brief
Where assessee bona fide purchased goods from registered suppliers, paid GST via banking channels, filed required GST returns, and availed ITC, denial of ITC solely due to supplier’s non-payment of tax was unjustified and revenue’s remedy lay against defaulting supplier, with liberty to act only if there was material indicating collusion or lack of bona fides by assessee
Provisions considered
Section 16 of Central Goods and Services Tax Act, 2017/Assam Goods and Services Tax Act, 2017 - Rule 37A of Central Goods and Services Tax Rules, 2017/Assam Goods and Services Tax Rules, 2017
This summary is for general information and is not legal advice. Read the full decision and the applicable law before relying on it.