Commissioner of Trade and Tax, Delhi v. Shanti Kiran India (P) Ltd.
Facts
The issue before the Court was whether purchasing dealers who paid tax to registered selling dealers are entitled to Input Tax Credit even if the selling dealers failed to deposit the tax with the Government. The selling dealers were registered at the time of transactions but later defaulted and their registrations were cancelled. The Delhi High Court held that the purchasing dealers were bona fide and entitled to ITC. The Revenue challenged this decision before the Supreme Court.
Court Decision:
The Supreme Court dismissed the appeals and upheld the High Court’s decision. It held that where transactions and invoices are genuine and the selling dealer was registered at the time of transaction, ITC cannot be denied to bona fide purchasing dealers. The Court found no reason to interfere with the grant of ITC after due verification.
Cases Referred by Court:
• On Quest Merchandising India Pvt. Ltd. v. Government of NCT of Delhi
• Commissioner of Trade and Taxes v. Arise India Ltd.
Other Case Law
PEI Industries & Ors. vs. Union of India & Ors.
Whether a writ petition is maintainable challenging an Order in Original passed by Central GST Authorities under Section 74 of CGST Act, 2017, when State GST Authorities had already closed proceedings on the same set of documents under Section 73, and whe
BACKGROUNDThe Petitioners challenged an Order in Original dated 30th March, 2026...
Read MoreOm Enterprises vs. Union of India & Ors.
Cancellation of GST registration on vague show cause notice – Sections 29 and 30 of the CGST Act, 2017.
Facts:The petitioner’s GST registration was cancelled by an order dated 28.10....
Read MoreCommissioner of Central Excise, Bangalore vs. M/s. Mysore Electricals Industries Ltd.
Classification of goods and retrospective applicability of CBEC circular – Section 37B of the Central Excise Act, 1944 – Classification under Heading 8535 vs 8537 of the Central Excise Tariff Act, 1985.
Facts:The assessee manufactured Single Panel Circuit Breakers and classified the...
Read More