Conditions for taking Input Tax Credit (ITC) [Section 16(2) of CGST Act]

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....36 of CGST Rules. Documentary requirements and conditions for claiming input tax credit Rule 36(1) - Eligible document for ITC • a tax invoice issued by the supplier of goods & services or both, as per  section 31 CGST Act • an invoice issued to payment of tax under reverse charge basis, as per section 31(3)(f) of CGST Act • debit note issued by a supplier registered  as per section 34 of CGST Act , or • a bill of entry or similar document prescribed under Customs Act or Rules for assessment of IGST • an invoice or credit note issued by a input services distributor as per rule 54(1) of CGST Rules 2017 Rule 36(2) - Requirement of....

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....ed vide No. N.N. 12/2024 dated 10/07/2024)  or using the invoice furnishing facility; and (b) the details of input tax credit in respect of such invoices or debit notes have been communicated to the registered person in FORM GSTR-2B under rule  60(7) of CGST Rules. Important Clarification Regarding Rule 36(4) of CGST Rules • Clarification to deal with difference in Input Tax Credit (ITC) availed in FORM GSTR-3B as compared to that detailed in FORM GSTR-2A for FY 2017-18 and 2018-19. [ Circular No. 183/15/2022-GST Dated 27th December, 2022 ] • Clarification to deal with difference in Input Tax Credit (ITC) availed in FORM  GSTR-3B as compared to that detailed ....

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....as received the goods where the goods are delivered by the supplier to a recipient or any other person on the direction of such registered person, whether acting as an agent or otherwise, before or during movement of goods, either by way of transfer of documents of title to goods or otherwise; • From 01-02-2019 - For the purposes of this clause, it shall be deemed that the registered person has received the goods or, as the case may be, services (Bill to ship to model) -- • (i) where the goods are delivered by the supplier to a recipient or any other person on the direction of such registered person, whether acting as an agent or otherwise, before or during movement of goods, either by way of transfer of ....

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....oods at his business premises or subsequently, the registered person shall not be entitled to input tax credit on such goods in terms of section 16(1) of CGST Act. • Further, if at any time after "receiving" the goods, such goods are lost, stolen, destroyed, written off or disposed of by way of gift or free samples, the registered person would not be entitled to the input tax credit in respect of such goods as per provisions of section 17(5)(h) of CGST Act. Clause (ba) of Section 16(2) of CGST Act  • the details of input tax credit in respect of the said supply communicated to such registered person under section 38 of CGST Act  has not been restricted.....

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....ll be entitled to avail of the credit of input tax on payment made by him to the supplier of the amount towards the value of supply of goods or services or both along with tax payable thereon. Important Case Laws • A bona fide purchasing dealer cannot be denied ITC merely because the selling dealer failed to deposit tax with the Government. Remedy of recovery lies against the defaulting seller, not the innocent purchaser. [The Commissioner Trade And Tax Delhi Versus M/s. Shanti Kiran India (P) Ltd. 2025 (10) TMI 607 - SC Order] • Non-payment of tax by the selling dealer under the GST Act, Purchaser entitlement to claim ITC u/s 16(2)(c) of the GST Act. [M/s R.T. Infotech Versus Additional Commissio....