Clarification on various issues relating to applicability of demand and penalty provisions under the Andhra Pradesh Goods and Services Tax Act, 2017 in respect of transactions involving fake invoices
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Fraudulent input tax credit: recipients who avail and use ITC on fake invoices face demand, interest and statutory penalties. The circular clarifies that issuance of tax invoices without actual supply does not amount to supply and ordinarily does not attract tax demand under the demand provisions, but issuers are punishable for issuing invoices without supply. Recipients who fraudulently avail and utilize ITC on such invoices are liable to demand, recovery with interest, and penal action under the fraud provision; if penalised under that fraud provision, no duplicate penalty for the same act may be imposed elsewhere. Where fraudulent ITC is passed on by issuing further invoices without supply, no tax demand arises for outward transactions, but the intermediary is liable to penal action for both issuing invoices without supply and improper availment/utilisation of ITC.
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: recipients who avail and use ITC on fake invoices face demand, interest and statutory penalties.
The circular clarifies that issuance of tax invoices without actual supply does not amount to supply and ordinarily does not attract tax demand under the demand provisions, but issuers are punishable for issuing invoices without supply. Recipients who fraudulently avail and utilize ITC on such invoices are liable to demand, recovery with interest, and penal action under the fraud provision; if penalised under that fraud provision, no duplicate penalty for the same act may be imposed elsewhere. Where fraudulent ITC is passed on by issuing further invoices without supply, no tax demand arises for outward transactions, but the intermediary is liable to penal action for both issuing invoices without supply and improper availment/utilisation of ITC.
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