Ghumte Raho Ltd, a tour operator, availed input tax credit (ITC) in respect of certain transactions where no such supplier was existent or from a person not doing any business from the registered place of business. Juris

CS Professional · Advanced Tax Laws · PYQS · December 2022
Ghumte Raho Ltd, a tour operator, availed input tax credit (ITC) in respect of certain transactions where no such supplier was existent or from a person not doing any business from the registered place of business. Jurisdictional Deputy Commissioner of GST wants to restrict the utilization of the credit by Ghumte Raho Ltd. You have been approached by Ghumte Raho Ltd. to give your advice on the following questions raised by it: (i) Is it possible for the Department to restrict the utilization of credit which is already availed ?

Answer & Explanation:

As per Rule 86(A) of CGST Rules, 2017, yes, it is possible for the Department to restrict the utilization of credit which is already availed if there are reasons to believe that such Input Tax Credit (ITC) has been fraudulently availed or is ineligible.

Topics: GST

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