19/05/2026
Can a business lose GST ITC even after:
✅ paying supplier
✅ having invoice
✅ showing purchase in GSTR-2B?
Indian High Courts are now giving different answers.
In D.Y. Beathel Enterprises v. State Tax Officer, Madras HC said authorities should first proceed against the seller before denying ITC to buyer.
But in the recent Gujarat High Court ruling in Maruti Enterprise v. Union of India, the court upheld Section 16(2)(c) and observed that ITC is not an absolute right and can be denied if supplier fails to deposit tax.
This changes the GST litigation landscape significantly.
Today businesses must maintain:
vendor due diligence
payment trail
movement of goods proof
transport documents
supplier compliance checks
Because GST litigation is now shifting beyond just invoices.
This issue impacts:
GST notices, fake invoice litigation, Section 74 proceedings, ITC reversal notices, and GSTR-2B mismatch cases.
Save this reel if you deal with GST compliance or GST litigation.