Input Tax Credit reversal precluded fresh demand without GSTN verification; authorities should recredit or levy interest and penalty.
Where a taxpayer reversed Input Tax Credit in its return prior to issuance of a show-cause notice, authorities cannot raise a fresh demand on the same ITC without verifying GSTN/return data; the correct administrative response is to recredit the ITC retrospectively or to charge only interest and penalty for late reversal, and any fresh order must be passed de novo after affording an opportunity of hearing. (AI Summary)
Where a taxpayer reversed Input Tax Credit in its return prior to issuance of a show-cause notice, authorities cannot raise a fresh demand on the same ITC without verifying GSTN/return data; the correct administrative response is to recredit the ITC retrospectively or to charge only interest and penalty for late reversal, and any fresh order must be passed de novo after affording an opportunity of hearing. (AI Summary)
TaxTMI