Case Laws GST
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Supplier tax payment remains a substantive input tax credit condition, requiring reversal and allowing re-availment after compliance.
Section 16(2)(c) of the CGST Act makes actual payment of tax to the Government a substantive condition for input tax credit. The conditions under Section 16(2) operate cumulatively, and invoice reflection, receipt of supplies, or supplier return filing do not independently establish tax payment. Section 41 requires reversal of credit where the supplier has not paid tax, with re-availment allowed after payment. Rule 37A prescribes reversal and re-availment where the supplier fails to furnish the corresponding GSTR-3B within the prescribed period.