
Abhishek Raja Tax Wisdom by ARR (FREE)
June 18, 2025 at 04:48 AM
The supplier collected GST but skipped filing GSTR-1. Jharkhand HC orders the Department to invoke Section 76 and slaps a ₹1 lakh cost.
Assessee hired commercial vehicles from Supplier during Oct'20-Mar'21 and paid ₹73.34 lakh, incl. ₹11.18 lakh GST. Supplier didn't filed GSTR-1.
Issue ❓
Whether the Department must invoke §76 JGST Act against Supplier who collected GST but never remitted it, blocking Assessee’s hashtag#inputtaxcredit.
Assessee’s grounds 📝
Paid GST in full; credit missing in GSTR-2A
Supplier’s failure to file GSTR-1 violated statutory duty
Department’s inaction contravenes Section 76(2)
Judgment 🏛️
Reason: Sec. 76 uses the expression “every person”; jurisdictional excuse untenable.
Conclusion: Writ allowed.
🔎 Dept. to initiate Sec. 76 proceedings vs. Supplier within 8 weeks 💼
Supplier to pay ₹1 lakh costs to Assessee 💸
🚛RK Transport & Constructions Ltd. (Assessee) v. State of Jharkhand (Department) — Jharkhand High Court [W. P. (T) No. 1624 of 2024; dated 13-Jun-2025]
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