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7. Frequently Asked Questions (FAQ)
Can the GST department deny my Input Tax Credit if my supplier failed to deposit tax to the government?
Under Section 16(2)(aa) and (c), the department insists on vendor tax deposition. However, multiple High Courts (such as Calcutta HC in Suncraft Energy and Madras HC in D.Y. Beathel Enterprises) have ruled that before demanding reversal from the bona-fide buyer, the department must first initiate recovery proceedings against the defaulting supplier.
What should I do immediately if an E-Way bill vehicle is detained under Section 129?
File an immediate objection under Form GST MOV-04, provide proof of bona-fide transaction (tax invoice, genuine transporter LR, GPS tracker records explaining unexpected delay), and if release is urgent, furnish a bank guarantee under Form GST MOV-08 to prevent perishable goods degradation.
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