Penalty should not be imposed on ITC wrongly availed when Transitional Credit used for discharging tax liability


Last updated: 16 October 2023

Court :
Madras High Court

Brief :
The Hon'ble Madras High Court in the case of M/s. PMA Controls India Limited v. Joint Commissioner of Central Tax and others, Chennai [W.P. No. 16638 of 2023 dated September 20, 2023] allowed the writ petition and held that the penalty could not be imposed on wrongly availed Input Tax Credit as there is no change in tax liability of the Assessee when Transitional Credit has been debited for discharging tax liability and wrongly availed Input Tax Credit has been reversed. 

Citation :
W.P. No. 16638 of 2023 dated September 20, 2023

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Bimal Jain
Published in GST
Views : 337



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