Restriction of Input Tax Credit under Rule 86A applies only to fraudulently or ineligible availed credit; mere wrongful recipient availment is insuffi...
Rectification of GST records was challenged on grounds that an application seeking correction and reconciliation of input tax credit (ITC) was rejected without affording an opportunity of hearing and without verifying uploaded portal records. The court found the rejection procedurally defective for not recording reasons for disregarding submitted reconciliation statements and supporting documents, and for failing to provide a personal hearing; therefore the rejection order was set aside. The matter is remanded for fresh disposal of the rectification application, with directions to consider portal evidence, allow the applicant to present documents and explanations, and hear the applicant within a specified short period.
Rectification of GST records was challenged on grounds that an application seeking correction and reconciliation of input tax credit (ITC) was rejected without affording an opportunity of hearing and without verifying uploaded portal records. The court found the rejection procedurally defective for not recording reasons for disregarding submitted reconciliation statements and supporting documents, and for failing to provide a personal hearing; therefore the rejection order was set aside. The matter is remanded for fresh disposal of the rectification application, with directions to consider portal evidence, allow the applicant to present documents and explanations, and hear the applicant within a specified short period.
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