The Global Kashmir
No Result
View All Result
  • Home
  • News
    • Kashmir
    • Jammu
  • National
  • World
  • Business
  • Editorial
  • Health
  • Opinion
  • Sports
  • Tech
  • E-Paper
en English
ar Arabiczh-CN Chinese (Simplified)en Englishru Russianes Spanishur Urdu
No Result
View All Result
  • Home
  • News
    • Kashmir
    • Jammu
  • National
  • World
  • Business
  • Editorial
  • Health
  • Opinion
  • Sports
  • Tech
  • E-Paper
No Result
View All Result
The Global Kashmir
No Result
View All Result
Screenshot 2026 10 08 09 48 06

Opinion | No Automatic ITC Reversal for Supplier’s Default: The Shaurya Alloys Judgment

By : Aijaz Hussain Malik

News Desk by News Desk
October 8, 2026
Reading Time: 2 mins read
0
18
VIEWS
Share on Facebook

A buyer who has genuinely purchased goods and paid GST to his supplier cannot automatically lose his input tax credit (ITC) just because the supplier failed to deposit that tax with the Government. This is the central message of a major judgment delivered by the Punjab and Haryana High Court on 1 October 2026.

READ ALSO

Opinion | Rewriting India’s farm story: A decade of Transformation

Opinion | More Than Marks: Creating Opportunities for Children with Learning Disabilities

Opinion | GST Registration: Look Beyond the Threshold

A Division Bench of Chief Justice Ashwani Kumar Mishra and Justice Rohit Kapoor decided Shaurya Alloys Pvt. Ltd. v. State of Punjab along with 423 connected writ petitions, filed mostly by traders dealing in steel, alloys and other goods. In each case, the department had reversed the buyers’ ITC on the sole ground that their suppliers had not paid tax, had filed nil returns, had gone missing, or had their registrations cancelled with retrospective effect.

The dispute centres on Section 16(2)(c) of the CGST Act, which allows ITC only when the tax charged by the supplier has actually been paid to the Government. The petitioners argued that this places an unfair burden on honest buyers who have no control over their suppliers.

The Court did not strike down the provision. It held that Section 16(2)(c), read with Section 155, is valid, since ITC is a concession and the payment of tax to the Government is its very basis. The burden of proving eligibility for credit continues to rest on the buyer.

However, the Court made it clear that the provision cannot be applied mechanically or in isolation. A supplier’s default may justify an investigation, but it cannot by itself justify reversing the buyer’s credit. Officers must examine each transaction on its own facts: whether it was genuine, whether the goods or services were actually received, and what role, if any, the buyer played. Unless there is material linking the buyer to the supplier’s wrongdoing, he cannot be held responsible for it.

The Court also explained how an honest buyer can prove his case. Tax invoices, e-way bills, lorry receipts, weighbridge slips, stock and consumption records, and payments made through banking channels are the evidence that counts.

For tax officers, the lesson is that a GSTR-2B mismatch or a cancelled supplier registration is the beginning of an inquiry, not its conclusion. Orders must rest on evidence and clearly recorded reasons. For taxpayers, the ruling offers protection but not a free pass: complete purchase records, bank payments and careful verification of suppliers remain essential.

ADVERTISEMENT

The judgment is binding on authorities in Punjab, Haryana and Chandigarh. In other States and Union Territories, including Jammu and Kashmir, it carries strong persuasive value.

In striking a balance between the Government’s right to collect tax and the honest buyer’s right to fair treatment, the High Court has delivered a ruling that is likely to be cited widely in GST disputes across the country.

Author is JKAS, State Taxes Officer, Circle Budgam (Kashmir) and writes about GST compliance.

ShareTweetSendSharePinShare
ADVERTISEMENT
Previous Post

Man died, 8 injured as Sumo loses control in Ramban

Next Post

Srinagar Police holds Pipping Ceremony at District Police headquarters, Srinagar

RelatedPosts

Opinion | Rewriting India’s farm story: A decade of Transformation

Opinion | Rewriting India’s farm story: A decade of Transformation

October 29, 2026
Opinion | More Than Marks: Creating Opportunities for Children with Learning Disabilities

Opinion | More Than Marks: Creating Opportunities for Children with Learning Disabilities

October 29, 2026
Opinion | GST Registration: Look Beyond the Threshold

Opinion | GST Registration: Look Beyond the Threshold

October 29, 2026

Opinion | Kashmir Marathon: A New Chapter 

Opinion | When the Chatbot Becomes the Confidant: Inside the Rise of AI Companionship Among Teenagers

Opinion | Childhood Obesity in India: Prevention Must Begin at Home and School

Opinion | United Nations Day 2026 and Why Global Cooperation Matters

Opinion | From Home to Hospital: Jammu & Kashmir’s Quiet Maternal Health Revolution

Opinion | 27 OCTOBER: A Kashmiri’s Story Pakistan Wants to Hide

Next Post
Srinagar Police holds Pipping Ceremony at District Police headquarters, Srinagar

Srinagar Police holds Pipping Ceremony at District Police headquarters, Srinagar

Govt rolls out new clean-fuel roadmap

Govt rolls out new clean-fuel roadmap

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

ADVERTISEMENT

Company Info

Address: F11 silk factory road Tulsibagh, Srinagar
Phone : 9797970347.
Email : globalkashmir786@gmail.com
Owner, printer, publisher Editor : Suhail Yousuf Shah
Legal advisor : Advocate Umar Mushtaq
Printed at : K.T Press private Limited industrial Estate Rangreth J&K
Published from : F11 silk factory road Tulsibagh, Srinagar.
RNI No : JKENG/2011/38364
Office No's :
Postal Regd No : JKNP 160 / SKGPO 2012 - 2014

About

The Global Kashmir was founded in Srinagar, with a vision to promote positive news from the Kashmir valley and across the globe. Covering first hand, all categories of news from different corners of Jammu and Kashmir as well as relevant national and international news stories. Global Kashmir is dedicated to providing unbiased stories that are yet to be told...

News By Topic

Company Info

  • Contact Us
  • About

© 2022 - Global Kashmir

No Result
View All Result
  • Home
  • News
    • Kashmir
    • Jammu
  • National
  • World
  • Business
  • Editorial
  • Health
  • Opinion
  • Sports
  • Tech
  • E-Paper

© 2022 - Global Kashmir