Input Tax Credit reversal requires proof of recipient fraud, not merely upstream vendor defaults or later registration cancellation.
ITC reversal based on upstream supplier fraud requires material establishing the recipient taxpayer's own intentional fraud, wilful misstatement, or suppression. Vendor default, later registration cancellation, and unverified intelligence reports alone do not establish fraudulent intent. A recipient may rely on evidence of actual supply, including e-way bills, transport and delivery records, invoices, bank payments, GSTR-2B reflection, and proof of valid supplier registration at the time of purchase. Disclosure of third-party material relied upon is necessary to permit rebuttal. (AI Summary)
ITC reversal based on upstream supplier fraud requires material establishing the recipient taxpayer's own intentional fraud, wilful misstatement, or suppression. Vendor default, later registration cancellation, and unverified intelligence reports alone do not establish fraudulent intent. A recipient may rely on evidence of actual supply, including e-way bills, transport and delivery records, invoices, bank payments, GSTR-2B reflection, and proof of valid supplier registration at the time of purchase. Disclosure of third-party material relied upon is necessary to permit rebuttal. (AI Summary)
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