Input tax credit requires proof of supplier tax payment and actual receipt, limiting interest to utilised credit.
Input tax credit under Section 16(2)(c) requires proof that the supplier actually paid tax to the Government; bona fide purchase and payment to the supplier do not satisfy this condition. The claimant bears the evidential burden, and a GSTR-3B/GSTR-2A mismatch alone neither proves supplier default nor establishes payment. Verification may require supplier certificates, returns, accountant certificates, or other reliable evidence. For inter-State supplies lacking an e-way bill, contemporaneous transport, freight, receipt, or stock records must establish goods movement and receipt. Interest on wrongly availed credit applies only to credit also utilised, calculated under Rule 88B(3); statutory penalty applies independently of fraud or intent to evade.
Issues: (i) Whether Section 16(2)(c) of the Central Goods and Services Tax Act, 2017 can be read down for a bona fide purchaser; (ii) Whether the recipient proved that the suppliers paid tax and whether non-compliance with Circular No. 183/15/2022-GST dated 27.12.2022 caused prejudice; (iii) Whether the recipient established actual movement and receipt of the goods; (iv) What tax, interest, and penalty are payable.
Issue (i): Whether Section 16(2)(c) of the Central Goods and Services Tax Act, 2017 can be read down for a bona fide purchaser.
Analysis: Input tax credit is a statutory entitlement subject to cumulative conditions. Section 16(2)(c) requires actual payment of tax to the Government, while Section 155 places the burden of proof on the claimant. The subsequently declared binding position under Article 141 of the Constitution of India requires the provision to be applied as enacted; payment to the supplier does not itself establish payment to the Government.
Conclusion: Section 16(2)(c) cannot be read down for a bona fide purchaser; the issue is against the assessee.
Issue (ii): Whether the recipient proved that the suppliers paid tax and whether non-compliance with Circular No. 183/15/2022-GST dated 27.12.2022 caused prejudice.
Analysis: A mismatch between FORM GSTR-3B and FORM GSTR-2A alone does not establish non-payment by a supplier. The Circular prescribes verification of the invoice, receipt, and payment to the supplier, followed, for a supplier-wise difference below Rs. 5 lakh, by a supplier certificate confirming tax payment. No supplier certificate, supplier return, accountant certificate, or other reliable evidence of actual payment of tax was produced. Any initial failure to follow the Circular caused no procedural prejudice because repeated opportunities to furnish the prescribed proof were available.
Conclusion: The recipient failed to prove actual payment of tax by the suppliers, and Section 16(2)(c) remains unsatisfied; the issue is against the assessee.
Issue (iii): Whether the recipient established actual movement and receipt of the goods.
Analysis: For the inter-State supply in question, Rule 138 of the Central Goods and Services Tax Rules, 2017 required an e-way bill. Absence of an e-way bill does not by itself deny input tax credit, but where it is unavailable, proof of movement of goods must be supplied through other reliable contemporaneous records. No e-way bill, transport document, freight record, goods-receipt note, or stock record was produced, and the export documentation did not reliably link the goods exported with the goods stated to have been purchased.
Conclusion: Actual movement and receipt of the goods were not established; the issue is against the assessee.
Issue (iv): What tax, interest, and penalty are payable.
Analysis: The disallowed input tax credit follows from failure to meet Section 16(2)(c). Interest under Section 50(3) is compensatory and arises only on credit wrongly availed and utilised; its computation must conform to Rule 88B(3) of the Central Goods and Services Tax Rules, 2017. The penalty under Section 73(9), read with Section 122(2)(a), is a mandatory statutory penalty independent of fraud or intent to evade.
Conclusion: Tax of Rs. 1,35,231 and penalty of Rs. 33,266 are sustained. Interest liability is sustained only upon computation of wrongly availed and utilised credit under Rule 88B(3); the issue is against the assessee.
Final Conclusion: Input tax credit remains unavailable without proof that the suppliers paid tax to the Government, while recoverable interest must be confined to the statutory computation of credit actually utilised.
Ratio Decidendi: A claimant of input tax credit bears the burden of proving actual payment of tax by the supplier under Section 16(2)(c); an invoice, bank payment, or GSTR-2A mismatch alone is insufficient, though a mismatch cannot by itself establish supplier default.