"DENIAL OF ITC DUE TO MISTAKES IN INVOICE"

"DENIAL OF ITC DUE TO MISTAKES IN INVOICE"

Sometimes the GST Department tries to deny ITC to you for clerical mistakes in the invoices, such as:

?? Address

?? Missing Signature

?? Registration Number

Various High Courts judgements to help you defend the case.

Please bookmark.

Issue-1: Mismatch in Address

1.1 CESTAT Chandigarh: Bechtel India Pvt. Ltd. (13-09-23)

CENVAT credit refund could not be denied on ground that input services were availed on incomplete invoices which did not contain name/address of assessee, as these were not mandatory requirements

Issue-2: ITC in case of Missing Signature

2.1 CESTAT Chennai: Cable Vision (27-Feb-2023)

In respect of denial of credit for the reason that some of the invoices were photocopies and computer generated and without signature, the same is decided in favour of the assessee and

to this extent, the impugned order is set aside and this ground of the appeal stands allowed.

Note: This judgment can also be used in the case of ITC on Photocopies.

Issue-3: Missing Registration Number

3.1 CESTAT Chennai: Chemplast Sanmar Ltd. (11-Nov-2022)

The ground for denial of credit is that the Service Tax registration number of the service provider is not mentioned in the invoices.

When the registration number of the service provider is available for verification, the credit ought not to have been denied merely because it is not mentioned as a ‘part of the invoice’ when the same has been included later. Credit allowed.

Issue-4: ITC on Photocopies

4.1 CESTAT Ahmedabad: Adani Power Ltd. (09-Jan-2024)

Photocopy of invoice can be taken as evidence of underlying transaction, if the same is got verified by department/ appellant party in the matter.

4.2 CESTAT Delhi: Rathi Special Steels Ltd. (25-Jan-2017)

CENVAT credit - Duty paid documents - Photocopy of invoices - Settled that in absence of primary evidence, secondary evidence admissible - Accordingly credit on basis of photocopy of invoice permissible.

4.3 CEGAT Bangalore: Kothari General Foods Corp. Ltd. (26-Apr-2002)

MODVAT - Duty paying documents - Photocopy - MODVAT credit on photostat copy of authenticated invoices permissible as per Trade Notice No. 79/87.

I hope you will find this useful

Best Regards,

Abhishek Raja Ram

7503031378