TaxTMI 
TaxTMI 
The Legal Contours of Input Tax Credit Eligibility: Procedural Aspects of GST and ITC
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....of the input tax credit (ITC) mechanism under the West Bengal Goods and Services Tax Act 2017 (WBGST Act). The appeal challenges the decision of the Assistant Commissioner of State Tax, which involved the reversal of ITC availed by the appellant. This analysis aims to dissect the legal complexities, interpretative nuances, and the broader implications of the judgment on GST jurisprudence. Factual....
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.... * Eligibility for Input Tax Credit under Section 16(2): * Clause Interpretation: Section 16(2) outlines conditions for ITC eligibility, including possession of a tax invoice, receipt of goods/services, tax payment, and return filing. The appellant's compliance with these conditions was a focal point. * Application of Law: The court scrutinized whether the appellant met these statutory ....
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....y from the buyer, authorities must first proceed against the defaulting seller, except in exceptional cases. * Interplay of GST Provisions with Judicial Precedents: * Supreme Court Decisions: References to decisions like Bharti Airtel Ltd. and Arise India Limited highlighted the judicial stance on the self-assessment nature of ITC and the protection of bona fide purchasers. * Constitutiona....
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....ST jurisprudence, particularly regarding the interpretation of ITC provisions and the procedural obligations of tax authorities. * Broader Implications: The ruling reinforces the principle of fairness in tax administration and underscores the importance of adhering to statutory provisions and procedural safeguards in tax recovery and ITC reversal processes. Conclusion The decision in 2023 (8....