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Issues: (i) Whether the return mismatch and non-production of certificates justified denial of input tax credit for the relevant period. (ii) Whether integrated-tax credit on an inter-State supply was wrongly availed when recorded under central and state tax heads.
Issue (i): Whether the return mismatch and non-production of certificates justified denial of input tax credit for the relevant period.
Analysis: Section 16 required possession of an invoice, receipt of services, actual payment of the tax to the Government and furnishing of a return; Section 155 placed the burden of proving eligibility on the claimant. The later invoice-reflection requirement did not apply to the relevant period. The record included the invoices' integrated-tax entries in GSTR-2A, reconciliation and bank records, with no material showing non-payment by the supplier. The circular prescribed certificates as a means of verification, not an additional eligibility condition. Its certificate mechanism addressed specified supplier-reporting discrepancies and was not engaged where the integrated tax on the invoices was reflected in GSTR-2A. The prescribed preliminary inquiry into the invoices and statutory conditions was not shown to have been undertaken.
Conclusion: No. The mismatch and non-production of certificates did not justify denial of the credit. The issue is in favour of the assessee.
Issue (ii): Whether integrated-tax credit on an inter-State supply was wrongly availed when recorded under central and state tax heads.
Analysis: Supplies by a special economic zone unit are treated as inter-State supplies, while Section 73 addresses wrongly availed credit. The integrated tax on the invoices corresponded to credit entered under the central and state tax heads. A reasoned higher-court construction of Section 73 was followed, and the statutory text was independently applied. The provisions concerning tax paid under the wrong head address tax paid on a transaction, not credit claimed by its recipient. The alleged state revenue loss was unquantified, and revenue neutrality was not established.
Conclusion: No. The credit was not wrongly availed merely because it was recorded under the central and state tax heads. The issue is in favour of the assessee.
Final Conclusion: The credit remains available, the related interest and penalty cannot survive, and consequential pre-deposit relief, including statutory interest, follows.
Ratio Decidendi: Where the statutory conditions for input tax credit are satisfied, inadvertent reporting of eligible integrated-tax credit under central and state tax heads does not constitute wrongful availment; a verification certificate under an administrative circular is not an independent condition of eligibility.
Eligible input tax credit is not denied solely for return mismatches or recording integrated tax under central and state heads
For the relevant period, input tax credit requires an invoice, receipt of services, actual payment of tax to the government and filing of a return; the later invoice-reflection requirement does not apply. The claimant bears the burden of proving eligibility. A certificate under the administrative circular is a verification measure, not an independent eligibility condition, and its discrepancy mechanism does not apply where the invoiced integrated tax is reflected in GSTR-2A. Eligible integrated-tax credit on an inter-State supply by a special economic zone unit is not wrongly availed merely because it is inadvertently recorded under central and state tax heads. Wrong-head payment provisions concern tax paid on a transaction, not credit claimed by the recipient.
Input tax credit - return mismatch and verification certificates - IGST credit availed under CGST and SGST heads - Statutory pre-deposit - refund with interest Input tax credit - return mismatch and verification certificates - Burden of proving payment of tax by supplier - Denial of input tax credit solely for non-production of verification certificates despite evidence of the supplier's payment of IGST - HELD THAT: - A difference between Form GSTR-3B and Form GSTR-2A warrants verification but does not, without more, establish non-compliance with Section 16(2)(c). On the record, the burden under Section 155 stood discharged by the reflection of IGST in Form GSTR-2A, payment of the consideration inclusive of tax evidenced by bank statements, and the reconciliation; no material showing non-payment by the supplier was produced. The certificates contemplated by Circular No. 183/15/2022-GST are means of verification, not additional conditions of eligibility. Since the IGST already appeared in Form GSTR-2A, the Circular's specified mismatch scenarios were not attracted. The authorities had also omitted the preliminary verification required by the Circular. [Paras 9, 10] Denial of credit solely for non-production of the certificates contemplated by the Circular was unsustainable. IGST credit availed under CGST and SGST heads - Wrong availment of input tax credit - technical reporting error - Characterisation under Section 73 of IGST credit on inward supplies from an SEZ unit inadvertently availed under CGST and SGST heads - HELD THAT: - An inadvertent error in the head under which otherwise admissible credit is reported does not constitute wrong availment under Section 73. Following Rejimon Padickapparambil Alex v. Union of India [2024 (12) TMI 399 - KERALA HIGH COURT] and independently construing Sections 49(5)(a) and 73, the Tribunal treated the splitting of IGST credit between CGST and SGST as a reporting error. The supplier's SEZ status established the inter-State character of the supplies but did not distinguish the case from that precedent. Section 77 of the CGST Act and Section 19 of the IGST Act concern tax paid under an incorrect head, not credit availed by a recipient, and did not prescribe an exclusive remedy here. An unquantified apprehension of State revenue loss could not sustain the demand; revenue neutrality was not the basis of relief. [Paras 11, 13, 14, 16] The credit was not wrongly availed within Section 73, and the resulting tax demand, interest and penalty could not be sustained. Statutory pre-deposit - refund with interest - Statutory benefit in the absence of a specific prayer - Entitlement to refund of the statutory pre-deposit with interest notwithstanding the absence of a specific prayer - HELD THAT: - Where appellate relief makes a statutory pre-deposit refundable, Section 115 provides interest at the rate specified under Section 56 from payment until refund. Once the underlying demand was set aside, that statutory benefit could not be denied merely because the appellant had not specifically sought refund with interest. [Paras 17] The appellant was entitled to refund of the pre-deposit with statutory interest. Final Conclusion: The appeal was allowed and the impugned order set aside, with consequential relief, including refund of the pre-deposit with statutory interest.