Clarification on various issues relating to applicability of demand and penalty provisions under the West Bengal Goods and Services Tax Act, 2017 in respect of transactions involving fake invoices
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Fraudulent Input Tax Credit: issuers face penal sanctions while recipients face demand recovery and penalty under GST law. Issuance of tax invoices without actual supply does not amount to supply and so does not attract tax demand under assessment provisions, but the issuer is subject to penal sanctions for issuing invoices without supply. A recipient who fraudulently avails and utilises ITC without receipt of goods or services is liable for recovery of the ITC with interest and for penalty under provisions addressing fraudulent availment; duplicate penalties for the same act are precluded. If such availed ITC is passed on by issuing invoices without supply, no tax demand arises for non-existent outward supply, but penal provisions apply to those who issued invoices and utilised ITC wrongfully.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Fraudulent Input Tax Credit: issuers face penal sanctions while recipients face demand recovery and penalty under GST law.
Issuance of tax invoices without actual supply does not amount to supply and so does not attract tax demand under assessment provisions, but the issuer is subject to penal sanctions for issuing invoices without supply. A recipient who fraudulently avails and utilises ITC without receipt of goods or services is liable for recovery of the ITC with interest and for penalty under provisions addressing fraudulent availment; duplicate penalties for the same act are precluded. If such availed ITC is passed on by issuing invoices without supply, no tax demand arises for non-existent outward supply, but penal provisions apply to those who issued invoices and utilised ITC wrongfully.
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