My Client has got a Demand from Sales Tax to pay amounts claimed as Input Credit on basis of Purchase Invoices of Vendors with Invalid or cancelled tins. My client was ignorant of the fact that the TIN no was invalid/cancelled. He has made payments of all bills on which he claims credit.
Is there a legal provision which can save my client from paying this demand???
02 July 2012
Recently there was a case law in which it was determined that Purchasing Dealer can not be held liable for cancellation of Suppling dealer
02 July 2012
Yes there is clear provision and judgment under Vat where Input credit cannot be denied to purchaser because he has purchased from Party who has invalid TIN or cancelled TIN at time of purchase.
If from whom you have purchased had a valid Number at the time of purchase but subsequently cancelled then it is not your fault.
But If when you purchased and at that time purchaser had no TIN Number or Bogus Number/Invalid Number or cancelled /Ineffective Number then department can recover the tax from you.
03 July 2012
It will take some days to find the judgement.
In gujarat there were number of similar cases as mentioned in your quarry and Department imposed Int and Penalty also but
Court favoured registered dealer on the ground that he has done what he is expected to do as a purchaser at time of purchase. If seller has not paid the tax then purchaser cannot be made liable .
CAclubindia
