Protection for bona fide buyers: suppliers' failure to remit tax alone cannot strip recipients of input tax credit.
A bona fide purchaser cannot be penalised under Section 16(2)(c) CGST absent findings that the transaction was collusive, fraudulent, or intended to evade tax; the Tripura High Court applied the ratio in Sahil Enterprises, set aside the adjudicating order, and directed restoration of input tax credit where no adverse finding on genuineness was recorded, cautioning that mere supplier default without an assessment of the buyer's bona fides does not justify depriving ITC. (AI Summary)
A bona fide purchaser cannot be penalised under Section 16(2)(c) CGST absent findings that the transaction was collusive, fraudulent, or intended to evade tax; the Tripura High Court applied the ratio in Sahil Enterprises, set aside the adjudicating order, and directed restoration of input tax credit where no adverse finding on genuineness was recorded, cautioning that mere supplier default without an assessment of the buyer's bona fides does not justify depriving ITC. (AI Summary)
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