Just a moment...

Report
ReportReport
Welcome to TaxTMI

We're migrating from taxmanagementindia.com to taxtmi.com and wish to make this transition convenient for you. We welcome your feedback and suggestions. Please report any errors you encounter so we can address them promptly.

Bars
Logo TaxTMI
>
×

By creating an account you can:

Report an Error
Type of Error :
Please tell us about the error :
Min 15 characters0/2000
TMI Blog
Home /

Input Tax Credit Limited to 105% of Verified Invoices Under Rule 36(4) CGST Rules Upheld as Constitutional

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....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.....