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of <h1>Input tax credit denial when supplier fails to remit GST u/s16(2), Revenue appeal dismissed; relief stands.</h1> Whether ITC can be denied under s.16(2) CGST/WBGST Act where the supplier allegedly failed to remit GST was the dominant issue. The HC had held that, in ... Denial of Input Tax Credit (ITC) - requirements of Section 16(2) of GST / WBGST Act fulfilled or not - Failure of the supplier to pay GST to the government - High Court while allowing the petition of the assessee, directed the GST authorities to first proceed against the fourth respondent (supplier) and only under exceptional circumstance as clarified in the press release issued by the Central Board of Indirect Taxes and Customs (CBIC), then and then only proceedings can be initiated against the appellant. [2023 (8) TMI 174 - CALCUTTA HIGH COURT] Held that:- Having regard to the facts and circumstances of this case(s) and the extent of demand being on the lower side, we are not inclined to interfere in these matters in exercise of our powers under Article 136 of the Constitution of India. SLP of the revenue dismissed. Title: Supreme Court of India dismisses Special Leave PetitionsJudges: Hon'ble Mrs. Justice B.V. Nagarathna and Hon'ble Mr. Justice Ujjal BhuyanDecision: Delay condoned. Special Leave Petitions dismissed due to lower demand. Pending applications disposed of.
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