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Input tax credit conditions remain constitutionally valid, with eligible recipient claims considered under GST circulars and retrospective filing deadline.
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Input tax credit remains a statutory benefit subject to the conditions in Sections 16(2)(c) and 16(4), including supplier tax-payment requirements and prescribed claim time limits. The Kerala High Court's earlier ruling, adopted for these writ petitions, found those conditions constitutionally sustainable and not violative of Articles 14 or 19 because they protect revenue and support workable GST administration. Recipients with bona fide inward supplies may seek consideration of eligible credit under the applicable GST circulars upon establishing that suppliers paid the tax. The retrospectively applicable 30 November deadline applies to relevant claims, and the constitutional challenge was rejected.
Input tax credit remains a statutory benefit subject to the conditions in Sections 16(2)(c) and 16(4), including supplier tax-payment requirements and prescribed claim time limits. The Kerala High Court's earlier ruling, adopted for these writ petitions, found those conditions constitutionally sustainable and not violative of Articles 14 or 19 because they protect revenue and support workable GST administration. Recipients with bona fide inward supplies may seek consideration of eligible credit under the applicable GST circulars upon establishing that suppliers paid the tax. The retrospectively applicable 30 November deadline applies to relevant claims, and the constitutional challenge was rejected.
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