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Issues: (i) Whether retrospective cancellation of the supplier's GST registration alone permits denial of input tax credit; (ii) Whether input tax credit may be denied without examining the genuineness of supplies and compliance with Section 16 conditions; (iii) Whether denial of cross-examination violates natural justice where the report of supplier non-existence is the sole basis for denying input tax credit; (iv) Whether a notice under Section 74(1) is valid without foundational facts establishing fraud, wilful misstatement, or suppression of facts; (v) Whether the invalid Section 74(1) notice is to be treated as a deemed Section 73(1) notice under Section 75(2).
Issue (i): Whether retrospective cancellation of the supplier's GST registration alone permits denial of input tax credit.
Analysis: Retrospective cancellation under Section 29(2) concerns the supplier's registration status and does not, by itself, establish that supplies were fictitious, that goods were not received, or that the recipient participated in wrongdoing. The recipient's transaction records and compliance with statutory conditions require independent scrutiny.
Conclusion: Retrospective cancellation of the supplier's registration alone cannot justify denial of input tax credit. This issue is decided in favour of the assessee.
Issue (ii): Whether input tax credit may be denied without examining the genuineness of supplies and compliance with Section 16 conditions.
Analysis: Input tax credit is conditional upon compliance with Section 16(2), including actual receipt of goods, and the burden of proof under Section 155 initially lies on the claimant. Upon production of invoices, transport records, stock records, payment evidence, and other primary material, the departmental authorities must verify that material against the statutory conditions; a supplier non-existence report cannot replace such verification.
Conclusion: Input tax credit cannot be rejected without an independent examination of the evidence concerning actual receipt of goods and statutory compliance. The entitlement requires fresh determination on the evidence. This issue is decided in favour of the assessee.
Issue (iii): Whether denial of cross-examination violates natural justice where the report of supplier non-existence is the sole basis for denying input tax credit.
Analysis: Section 75(4) ensures an opportunity of hearing but does not create an absolute right of cross-examination. Where the genuineness of supplies can be established or rebutted through invoices, e-way bills, transport documents, stock records, and payment records, documentary proof is the primary means of resolving the dispute.
Conclusion: Denial of cross-examination does not, by itself, violate principles of natural justice in a dispute capable of resolution through independent documentary evidence. This issue is decided against the assessee.
Issue (iv): Whether a notice under Section 74(1) is valid without foundational facts establishing fraud, wilful misstatement, or suppression of facts.
Analysis: Section 74(1) applies only where fraud, wilful misstatement, or suppression of facts with intent to evade tax is supported by material foundational facts. The allegation that the supplier was non-existent, without a reasoned inquiry or evidence showing the recipient's deliberate wrongful availment of credit, is insufficient to invoke the fraud-based provision.
Conclusion: The Section 74(1) notice was invalid for want of foundational facts establishing fraud, wilful misstatement, or suppression of facts. This issue is decided in favour of the assessee.
Issue (v): Whether the invalid Section 74(1) notice is to be treated as a deemed Section 73(1) notice under Section 75(2).
Analysis: Section 75(2) requires a notice under Section 74(1), found unsustainable only because the fraud-based ingredients are not established, to be treated as a notice under Section 73(1), subject to the limitation under Section 73. For financial year 2017-18, the notice issued on 27.12.2021 was within the extended limitation applicable to a Section 73 notice.
Conclusion: The notice shall be deemed to have been issued under Section 73(1), and the proper officer must determine input tax credit eligibility afresh in accordance with law after considering the evidence and granting hearing. This issue is decided in favour of Revenue.
Final Conclusion: The input tax credit claim must be determined afresh under the non-fraud statutory regime on the basis of evidence and applicable conditions, without treating the supplier's retrospective cancellation as conclusive proof of non-receipt of goods.
Ratio Decidendi: A recipient's input tax credit cannot be denied solely because the supplier's registration was retrospectively cancelled; where a fraud-based notice lacks foundational facts establishing fraud, wilful misstatement, or suppression, a timely notice must be dealt with under the deemed non-fraud procedure prescribed by Section 75(2).
Input tax credit cannot be denied solely for retrospective supplier-registration cancellation; eligibility requires evidence-based review under the non-fraud regime.
Retrospective cancellation of a supplier's GST registration does not, by itself, establish fictitious supplies, non-receipt of goods, or recipient wrongdoing sufficient to deny input tax credit. Eligibility must be tested independently against statutory conditions, with invoices, transport and stock records, and payment evidence examined; the claimant initially bears the evidentiary burden. Cross-examination is not automatically required where documentary evidence can resolve supply genuineness. A fraud-based tax notice requires foundational material showing fraud, wilful misstatement, or intentional suppression; supplier non-existence alone is insufficient. If those elements fail but the notice is timely, it is treated under the statutory non-fraud procedure, requiring fresh determination after hearing.
Input tax credit-retrospective cancellation of supplier registration - Input tax credit-proof of actual receipt of goods - Fraud-based tax demand-foundational facts in show-cause notice - Deeming of section 74 notice as section 73 noticeInput tax credit-retrospective cancellation of supplier registration - Burden of proof of input tax credit eligibility - Denial of input tax credit on supplies from a supplier whose registration was retrospectively cancelled, without verification of actual receipt of goods and fulfilment of statutory conditions. - HELD THAT: - Retrospective cancellation of a supplier's registration does not, by itself, establish that the recipient did not receive the goods, that the transaction was fictitious, or that the recipient was complicit in wrongdoing. Although input tax credit is conditional and the recipient bears the initial burden of proving eligibility, the department must examine the material produced to determine compliance with the applicable conditions; it cannot reject the claim solely by invoking retrospective cancellation and section 155. The impugned proceedings disclosed no such verification and proceeded solely on the report regarding the supplier's non-existence. [Paras 24, 26, 30, 31, 35]The denial of input tax credit was unsustainable and the eligibility of the credit was remitted for determination on evidence and under the applicable statutory conditions.Cross-examination in input tax credit proceedings - Denial of cross-examination in input tax credit proceedings where the genuineness of supplies can be established through primary transaction records. - HELD THAT: - The right to cross-examination in tax adjudication is fact-dependent and not absolute. Where the allegation of fraudulent credit can be answered by invoices, e-way bills, transport records and other primary evidence of actual supplies, cross-examination is not a substitute for proof of the claimant's own transaction. [Paras 37, 38]Mere denial of cross-examination did not, by itself, vitiate the proceedings.Fraud-based tax demand-foundational facts in show-cause notice - Validity of a fraud-based show-cause notice for allegedly ineligible input tax credit founded only on the supplier's non-existence. - HELD THAT: - Proceedings under section 74 require foundational facts and cogent material showing fraud, wilful misstatement or suppression of facts with intent to evade tax. Mechanical use of those expressions, without prima facie verification or material demonstrating deliberate wrongful availment by the recipient, does not satisfy the statutory requirement. The notice rested on a vague presumption arising from the supplier's alleged non-existence and contained no substantiated allegation of the appellant's mala fide intent. [Paras 40, 44]The notice issued under section 74 was held invalid, and the consequential adjudication and appellate orders were quashed.Deeming of section 74 notice as section 73 notice - Limitation for non-fraud tax demand - Conversion of the invalid section 74 notice concerning January 2018 input tax credit into proceedings under section 73, having regard to the extended limitation period. - HELD THAT: - Where a fraud-based notice is unsustainable because the requisite elements of fraud, wilful misstatement or suppression are not established, section 75(2) permits determination as if the notice had been issued under section 73. Such deeming can operate only where the original notice was issued within the limitation applicable to a section 73 notice. The notice in the present case was within the extended period applicable to financial year 2017-18. [Paras 47, 48, 49]The notice was deemed to have been issued under section 73, and the proper officer was directed to determine input tax credit eligibility after considering all evidence and affording an appropriate hearing.Final Conclusion: The appeal was allowed and the adjudication and first appellate orders were quashed. The invalid fraud-based notice was directed to operate as a notice under section 73, with input tax credit eligibility to be freshly determined after hearing the appellant and considering the evidence.