Answer

GST

Show cause notice for ITC from a fake supplier

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  1. Facts

    Such notices rely on Sec 16(2)(c), that tax was not actually paid, and often on Sec 74 or 74A. A genuine buyer defends with proof that goods or services were received, payment was made through bank, and the supplier was registered and filing when the invoices were issued.

  2. Provisions and law

    • Sec 16(2)(c), CGST Act 2017ITC only if the tax charged has actually been paid to the government by the supplier
    • Sec 16(2), CGST Act 2017ITC needs a tax invoice, receipt of goods or services, tax paid by the supplier and a filed return
    • Sec 74, CGST Act 2017Demand where fraud, wilful misstatement or suppression is alleged, for periods up to FY 2023-24
  3. Analysis

    Build a file per invoice: purchase order, e-way bill, transport receipt, goods inward entry, stock record and bank payment. Add the supplier's GSTIN status and GSTR-2B entries at the time. This is the defence of a genuine buyer; knowingly taking invoices without goods is an offence under Sec 122 and Sec 132 and is not defended this way.

  4. Conclusion

    1. Collect proof of receipt and payment for each invoice
    2. Download the supplier's status and filing history
    3. Show due diligence done before buying
    4. File DRC-06 with the evidence and request a hearing

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Show cause notice under Sec 73, 74 or 74A and DRC-06 reply

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