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"REVERSAL OF ITC FROM CANCELLED DEALERS": Part-3
3. Calcutta High Court
3.1 Sanchita Kundu
(2022) 63 GSTL 413
Petitioner’s entitlement of benefit of Input Tax Credit should be decided by considering documents relied on for proving that all purchases and transactions
in question were genuine, and transactions in question were made before the cancellation of the registration of suppliers.
3.2 LGW Industries Ltd.
2021-VIL-868
Disallowance of ITC on the ground that the purchases made by petitioners are from non-existing suppliers and that the registration of suppliers have been cancelled with retrospective effect covering the transactions period in question.
HELD: If all purchases and transactions are genuine, supported by valid documents, and occurred before the suppliers' registration was cancelled, petitioners will receive an input tax credit. The written petition was allowed by remand.
3.3 Car Chassis Carriers Pvt. Ltd.
(2023) 76 GSTL 358
The authority reversed ITC due to the selling dealer's registration cancellation but provided no details. This violated natural justice, so the reversal was quashed.
Thank
Raja Abhishek
You NIRC Candidate 2024