Availment and Utilisation of ITC in Wrong Head of Tax – an Invitation to Litigation
Zalak Sohil Dalal
Introduction
GST law carrying moto of “One Nation, One Tax and One Market” reason being subsumed taxes into one i.e. GST, which is Charged depending on place of supply under following Heads
IGST- Interstate Supply
CGST- Intrastate supply
SGST/ UTGST- Intrastate supply
CESS - Addition to these taxes payable
After 7 years of Implementation of GST law, there is still a divergent view between Tax Payer and Revenue. On the point of Availment and Utilisation of ITC in Wrong Head of Tax, Let’s Discuss the various aspects and possible litigation and their solution at length as under:
ITC taken as Intra State Supply for Inter State Supply or Vice Versa
In this scenario, ITC was taken as an Intra state supply for Interstate supp.......