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    <title>2026 (6) TMI 628 - GAUHATI HIGH COURT</title>
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    <description>Input tax credit could not be denied to a bona fide purchasing dealer merely because the supplier allegedly failed to deposit tax, where the dealer had transacted with a registered supplier and complied with statutory requirements. The Department&#039;s remedy lay against the defaulting supplier, and denial of ITC was not justified absent material showing that the transactions were not bona fide or were entered into in collusion. On that basis, the demand and penalty order denying ITC was unsustainable and was set aside, while the authorities were left free to proceed if evidence later emerged of non-bona fide dealings or collusion.</description>
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      <link>https://www.taxtmi.com/caselaws?id=793247</link>
      <description>Input tax credit could not be denied to a bona fide purchasing dealer merely because the supplier allegedly failed to deposit tax, where the dealer had transacted with a registered supplier and complied with statutory requirements. The Department&#039;s remedy lay against the defaulting supplier, and denial of ITC was not justified absent material showing that the transactions were not bona fide or were entered into in collusion. On that basis, the demand and penalty order denying ITC was unsustainable and was set aside, while the authorities were left free to proceed if evidence later emerged of non-bona fide dealings or collusion.</description>
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