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HC upheld validity of Rule 36(4) of CGST Rules, dismissing constitutional challenge. Court determined Rule 36(4) derives authority from Section 16 of CGST Act and general rule-making powers under Section 164, not from unenforced Section 43A. Since Section 43A was never notified and later omitted by Finance Act 2022, it cannot be source of Rule 36(4)'s authority. Court also declined to examine specific orders challenged by petitioner due to available statutory appeal remedy. Ruling affirms Rule 36(4)'s legitimacy in governing input tax credit eligibility procedures under GST framework.
HC upheld validity of Rule 36(4) of CGST Rules, dismissing constitutional challenge. Court determined Rule 36(4) derives authority from Section 16 of CGST Act and general rule-making powers under Section 164, not from unenforced Section 43A. Since Section 43A was never notified and later omitted by Finance Act 2022, it cannot be source of Rule 36(4)'s authority. Court also declined to examine specific orders challenged by petitioner due to available statutory appeal remedy. Ruling affirms Rule 36(4)'s legitimacy in governing input tax credit eligibility procedures under GST framework.
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