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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