The Supreme Court has clarified that a genuine buyer cannot be denied Input Tax Credit (ITC) merely because the seller failed to deposit tax. In the case of Commissioner Trade & Tax Delhi vs. Shanti Kiran India Pvt. Ltd., the Court emphasized that if purchases are genuine, invoices valid, and payments made through banks, ITC should not be denied. This ruling strengthens taxpayer rights and prevents innocent buyers from being penalized for the seller’s default.

The Supreme Court of India has ruled that once a taxpayer pays the 10% pre-deposit required to file a GST appeal, the government cannot freeze bank accounts or recover additional funds. This landmark decision protects honest taxpayers and ensures fair enforcement under GST law.

The CBDT's Circular Nos. 05/2024 and 09/2024, which do not have an exception clause for tax appeals under monetary restrictions, raised concerns from the High Court. Addressing important legal issues, ongoing disagreements, and consistent tax administration may be hampered by its omission. To maintain justice and fairness, the HC urged CBDT to assess and revise the circular.