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Goods and Service TaxArticle·14 October 2025

SC Says when Seller defaults Buyer should not be Penalised

By J the App

Executive Summary

The Supreme Court has affirmed the Delhi High Court that a bona fide registered purchaser is entitled to Input Tax Credit (ITC) under the Delhi VAT regime where: (i) the supplier was registered on the date of supply; (ii) the purchaser has valid tax invoices; and (iii) there is no material of collusion or sham. Where the seller later fails to deposit tax collected, the correct revenue remedy is recovery proceedings against that seller — not denial of ITC to an innocent buyer. Please do read the snaphot by J the App by JustIDT

Supreme Court — Commissioner of Trade & Taxes, Delhi v. M/s Shanti Kiran India (P) Ltd in Civil Appeal Numbers 2043-2047/2015

Executive summary...

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