Sun Craft Energy Pvt Ltd vs Commissioner of State Tax, Ballygunge Charge (1218 of 2023) , Kolkata High Court
In the instance case, the court has ruled out that the buyer who adhere to the conditions mentioned u/s 16(2) of the Central Goods and Service Tax and State Goods & Service Tax are fully entitled to claim Input Tax Credit on his purchase despite mismatch observed in GSTR 2A and GSTR 3B arised due to fault of the seller.
Consequently the writ petition made by the aggrieved party was accepted and the honourable court has turn down the order passed by the Assistant Commissioner of State Tax , West Bengal as well as directs the state authorities to take action against the seller in default , not against the buyer.
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