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Issues: (i) Whether the amended B2B entry and supplier certificates establish entitlement to the input tax credit they cover; (ii) Whether the residual IGST credit of Rs. 20,430 is admissible; (iii) Whether proceedings under section 74 and the consequential interest and penalty are sustainable, and whether the residual liability can be determined under section 73.
Issue (i): Whether the amended B2B entry and supplier certificates establish entitlement to the input tax credit they cover.
Analysis: Section 16 prescribes conditions for credit, while section 155 places the burden of proof on the claimant. The applicable Board circular prescribes verification of supplier tax payments for specified reporting discrepancies, including certificates from suppliers or professionals according to the supplier-wise difference. The amended portal entry, certificates and vendor ledgers were rejected without reasoned findings or verification. The notice alleged non-payment of supplier tax, not absence of invoices or receipt of services; section 75 prohibits confirmation on grounds beyond the notice.
Conclusion: The credit covered by the amended entry and certificates is established. The corresponding reversal is set aside, in favour of the assessee.
Issue (ii): Whether the residual IGST credit of Rs. 20,430 is admissible.
Analysis: No certificate or other cogent evidence established supplier payment of tax for the residual credit. Having relied on the circular's verification mechanism for other disputed invoices, the claimant could not approbate and reprobate its conditions; the statutory burden of proof remained undischarged.
Conclusion: The residual IGST credit of Rs. 20,430 is inadmissible, against the assessee.
Issue (iii): Whether proceedings under section 74 and the consequential interest and penalty are sustainable, and whether the residual liability can be determined under section 73.
Analysis: Section 74 requires foundational facts showing fraud, wilful misstatement or suppression with intent to evade tax. The notice inferred suppression from detection of the discrepancy without identifying such facts, although the credit had been disclosed in returns. Section 75 permits determination under section 73 where the section 74 charge fails; the notice and original order were within the applicable extended time limits. Interest and penalty require adjustment to the surviving liability.
Conclusion: The section 74 proceedings and their consequential levy cannot stand. The notice is deemed issued under section 73, and the residual credit is reversible with appropriate interest, if utilised, and penalty to be quantified. This issue is partly in favour of the assessee.
Final Conclusion: The surviving credit liability is confined to IGST of Rs. 20,430, with consequential interest and penalty to be computed by the proper officer.
Ratio Decidendi: A GSTR-2A mismatch alone is not conclusive proof of wrongly availed input tax credit; eligibility must be assessed against the evidence prescribed by the applicable Board circular and the statutory burden of proof.
Input tax credit mismatches require supplier payment evidence, while unsupported fraud allegations cannot sustain fraud-based tax proceedings.
Input tax credit cannot be denied solely because of a GSTR-2A mismatch. Supplier certificates, amended portal entries and vendor ledgers must be assessed against the prescribed verification process and the claimant's burden of proof. Residual IGST credit unsupported by evidence of supplier tax payment is reversible, with interest if utilised and penalty to be quantified. Section 75 prohibits confirmation on grounds beyond the notice. Section 74 requires foundational facts showing fraud, wilful misstatement or suppression with intent to evade tax; detection of a discrepancy alone is insufficient. Where that charge fails, section 75 permits determination under section 73 within the applicable time limits.
Input tax credit-GSTR-3B and GSTR-2A mismatch - Burden of proving supplier tax payment - Adjudication beyond the show cause notice - Fraud or suppression in availment of input tax credit - Redetermination of tax under section 75(2) Adjudication beyond the show cause notice - Permissibility of defending an input tax credit demand alleging non-payment of tax by suppliers on fresh grounds concerning possession of invoices and receipt of services - HELD THAT: - Section 75(7) prohibits confirmation of a demand on grounds not specified in the show cause notice. The notice alleged breach of section 16(2)(c) alone, on the footing that suppliers had neither reported the supplies nor paid the tax. Neither the notice nor the orders alleged absence of invoices or non-receipt of services. The counter could not enlarge that case through general objections concerning complete and verifiable eligibility. [Paras 19] The fresh grounds were excluded, and the enquiry was confined to the alleged breach of section 16(2)(c). Input tax credit-supplier-reporting mismatch - Verification under Circular No. 183/15/2022-GST - Entitlement to input tax credit established through amended supplier-reported entries, prescribed certificates and ledger extracts despite their unreasoned rejection by the appellate authority - HELD THAT: - Circular No. 183/15/2022-GST, issued under section 168(1), bound the Revenue and applied to the pending proceedings. It prescribed verification rather than automatic entitlement; a GSTR-2A mismatch was not, by itself, conclusive proof of wrongful credit. The undisputed amended supplier entry on the common portal had probative value and could not be rejected merely for want of an invoice copy when the notice did not question the underlying supply. The prescribed certificates were a means of verifying supplier tax payment. They could not be rejected without identifying a defect or undertaking verification, nor could an additional requirement to recite the wrongly reported GSTIN be imposed. Credit to the actual recipient was not dependent on completion of action concerning the wrongly mentioned registration. The amended entry, certificates and ledger extracts discharged the appellant's burden; an unverified bare denial did not displace them. Rejection without reasons also offended section 75(6) and the requirement of a reasoned quasi-judicial order. [Paras 23, 24, 25, 27, 28] Entitlement was established on merits. The entire CGST and SGST demand and the IGST demand covered by the prescribed certificate were set aside. Burden of proving supplier tax payment - Admissibility of residual IGST credit unsupported by a prescribed certificate or other cogent evidence that the suppliers paid the tax to the Government - HELD THAT: - Sections 16(2)(c) and 155 require the claimant to establish actual payment of the tax to the Government. For the residual IGST credit, the appellant furnished neither a certificate nor other cogent evidence of supplier tax payment. Having invoked the Circular's evidentiary mechanism for the disputed credit, it could not accept its prescribed conditions for some invoices while disclaiming them for the remainder. Those conditions applied uniformly, and the statutory burden remained undischarged. [Paras 30] The residual IGST credit was held inadmissible on merits. Fraud or suppression in availment of input tax credit - Redetermination of tax under section 75(2) - Sustainability of fraud-based recovery of disputed input tax credit, treatment of the notice under section 73 and consequential interest and penalty - HELD THAT: - Invocation of section 74 requires foundational facts establishing fraud, wilful misstatement or suppression with intent to evade tax; satisfaction on those ingredients is jurisdictional. Departmental detection of a discrepancy does not establish suppression, and failure to produce defence evidence cannot subsequently supply an ingredient absent from the notice. The credit had been disclosed in statutory returns, and the notice identified no undeclared fact, withheld information or act evidencing deliberate evasion. The fraud charge therefore failed. Under section 75(2), read with Circular No. 185/17/2022-GST, redetermination under section 73 was available because the notice and adjudication fell within the extended statutory time limits. Only the unsupported residual credit remained recoverable. Under section 75(8), interest and penalty required corresponding modification, with interest on the inadmissible credit payable only if it had been utilised. [Paras 33, 34, 35, 36, 37] Section 74 proceedings were held unsustainable, and the notice was treated as issued under section 73. Recovery was confined to the residual IGST credit, with appropriate interest if utilised and penalty to be quantified by the proper officer within four weeks; only quantification remained outstanding. Final Conclusion: The appeal was partly allowed. Only the unsupported residual IGST credit remained recoverable under section 73, with interest conditional upon utilisation and penalty requiring quantification; the balance demand and its consequential interest and penalty were set aside.