AI TextQuick Glance (AI)Headnote
Supplier tax-payment condition for input tax credit applies to bona fide purchasers, with credit re-availment after liability discharge.
Section 16(2)(c) of the Central Goods and Services Tax Act, 2017 requires the supplier to pay tax before a purchasing dealer may avail input tax credit, including where the purchaser is bona fide. The GST input tax credit framework materially differs from the Delhi VAT regime and does not permit parity with protections available to bona fide purchasers under that framework. The scheme permits reversal and later re-availment of credit once the supplier's tax liability is discharged, including through mechanisms for tax determination and recovery. The provision is described as constitutional and not requiring a reading down.
Input Tax Credit conditional upon supplier's tax payment - Constitutional validity of Section 16(2)(c) of the CGST Act - Validity of the condition for availing Input Tax Credit under the CGST Act requiring payment of tax by the supplier-dealer, notwithstanding the purchasing dealer's asserted bona fides. - Distinction from Delhi VAT regime – Reference to decisions of Gujarat and Tripura High Courts - HELD THAT: - The Gujarat High Court, in [2026 (5) TMI 127 - GUJARAT HIGH COURT], undertook a detailed analysis of the differences between the Delhi Value Added Tax Act, 2004 and the CGST Act, 2017, including the scheme governing availment, reversal and subsequent re-availment of Input Tax Credit. Such an exercise was not undertaken by the Tripura High Court in Sahil Enterprises v. Union of India & Ors. [2026 (1) TMI 385 - TRIPURA HIGH COURT]. The statutory scheme under the CGST Act, including the provisions for reversal and subsequent re-availment of Input Tax Credit after discharge of tax liability by the supplier-dealer, is materially distinct from that under the Delhi VAT Act. Consequently, a purchasing dealer under the CGST regime cannot claim parity with a purported bona fide purchasing dealer under the Delhi VAT Act where the supplier fails to pay the requisite tax. The condition in Section 16(2)(c) was therefore neither unconstitutional nor liable to be read down. [Paras 2, 3, 4] Accordingly, the Gujarat High Court was fully justified in holding that no grounds were made out either to declare Section 16(2)(c) of the CGST Act unconstitutional or to read down its provisions. The challenge to Section 16(2)(c) of the CGST Act was rejected and the judgment upholding its validity was affirmed. Final Conclusion: The special leave petitions were dismissed, affirming the validity of the supplier-tax-payment condition for Input Tax Credit under Section 16(2)(c) of the CGST Act.