Input tax credit availment and goods movement scrutiny: s.74 notice lacked fraud/suppression claims, so demand orders quashed

Input tax credit availment and goods movement scrutiny: s.74 notice lacked fraud/suppression claims, so demand orders quashedCase-LawsGSTProceedings initiated under s.74 of the SGST Act were held without jurisdiction because the show cause notice failed t

Input tax credit availment and goods movement scrutiny: s.74 notice lacked fraud/suppression claims, so demand orders quashed
Case-Laws
GST
Proceedings initiated under s.74 of the SGST Act were held without jurisdiction because the show cause notice failed to allege the statutory preconditions of fraud, wilful misstatement, or suppression of facts for wrongful or excess availment/utilisation of input tax credit; absent these foundational averments, the authority could not assume s.74 jurisdiction. The record showed actual movement of goods and that returns and tax payments were reflected in GSTR-1, GSTR-2A and GSTR-3B, and the revenue did not specifically deny these compliances, making any adverse inference unjustified. The impugned orders were quashed and the petition was allowed – HC
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