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Clarification on various issues relating to applicability of demand and penalty provisions under the Bihar Goods and Services Tax Act, 2017 in respect of transactions involving fake invoices
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Fraudulent input tax credit: issuers face penalty, recipients face demand and penalty, pass-through cases attract penalties. Issuance of tax invoices without actual supply does not amount to supply and thus does not create tax liability or demand under the BGST Act for the issuer, though the issuer is punishable for issuing invoices without supply. A recipient who fraudulently avails and utilises input tax credit without receipt of goods or services is liable to demand and recovery of the credit with interest and penal action for fraudulent availment. Where such illegitimate credit is passed on by issuing further invoices without supply, no tax demand arises for the outward transaction but penal action attaches for issuing invoices without supply and for utilising ineligible credit. Specific facts determine the exact mix of demands and penalties, and additional offences may apply.
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 penalty, recipients face demand and penalty, pass-through cases attract penalties.
Issuance of tax invoices without actual supply does not amount to supply and thus does not create tax liability or demand under the BGST Act for the issuer, though the issuer is punishable for issuing invoices without supply. A recipient who fraudulently avails and utilises input tax credit without receipt of goods or services is liable to demand and recovery of the credit with interest and penal action for fraudulent availment. Where such illegitimate credit is passed on by issuing further invoices without supply, no tax demand arises for the outward transaction but penal action attaches for issuing invoices without supply and for utilising ineligible credit. Specific facts determine the exact mix of demands and penalties, and additional offences may apply.
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