- The case of Tikona Infinet Private Limited Vs State of U.P. and Another was adjudicated by the Allahabad High Court.
- The case revolves around the legitimacy of adjustments made by Tikona Infinet due to the unavailability of a relevant form on the GST portal.
- The court deliberated on Tikona Infinet’s adjustment of input tax credit (ITC) using Form GST-33 instead of the required GST ITC-02, which the company justified due to the latter form’s unavailability on the GST portal.
- The Allahabad High Court found that the company had made an illegal adjustment due to the lack of GST ITC-02 on the portal and stated that a working capital shortage cannot bypass the legal procedure.
- However, the Court also noted that the GST portal was not online during the relevant period and thus set aside the order dated 17.04.2023, granting liberty to the respondent to pass a fresh order after considering the objections of the petitioner.
- The ruling provides an interesting examination of the challenges faced due to non-availability of certain forms on the GST portal and the legal implications of businesses making adjustments to bypass procedure.
Source Taxguru
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