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Issue ID: 121162
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gst case law required S.16(2)(c) of GST can't be applied Mechanically to Deny ITC: P&H HC issues 14 Guidelines for Dept.

Date 04 Oct 2026
Replies 6 Replies
Views 467 Views
Input tax credit denial under supplier tax-payment conditions requires application beyond a mechanical reading of statutory eligibility requirements.
Input tax credit eligibility is discussed in relation to the statutory condition that the supplier must pay tax. The central issue is whether that condition permits mechanical denial of credit to a recipient where supplier-side payment is not established. The available material also identifies a constitutional challenge to conditioning credit on supplier tax payment. (AI Summary)

S.16(2)(c) of GST can't be applied Mechanically to Deny ITC: P&H HC issues 14 Guidelines for Dept. Sir Kindly get this case law

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Replied on Oct 4, 2026
2.

Thanks Sir

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Replied on Oct 4, 2026
2.1.

Sir Please give TMI citattion

 

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Replied on Oct 5, 2026
4.

2026 (7) TMI 1839 - SC Order - Bhandari Scrap Traders Versus Union of India & Ors.

Input Tax Credit conditional upon supplier's tax payment - Constitutional validity of Section 16(2)(c) of the CGST Act - Upheld.

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