Writ Petition Dismissed for Fraudulent ITC Claim Using Fictitious Invoices Under GST Section Rules
Case-Laws
GST
The HC dismissed the writ petition challenging the denial of Input Tax Credit (ITC) where the petitioner was found to have availed inadmissible credit based on fictitious invoices issued by non-existent suppliers. The Court held that no Show Cause Notice or personal hearing violated natural justice principles, but the writ petition was not maintainable due to the fraudulent nature of the ITC claim, aligning with precedent restricting writ relief in such cases to protect the exchequer and GST regime. The limitation argument was rejected as the impugned order was validly passed within the prescribed period. The petitioner was granted leave to file an appeal before the Appellate Authority within one month, subject to the required pre-deposit.
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