Loading...

Top
Help
×

By creating an account you can:

Logo TaxTMI
Call Us / Help / Feedback

Contact Us At :

E-mail: [email protected]

Call / WhatsApp at: +91 99117 96707

For more information, Check Contact Us

FAQs :

To know Frequently Asked Questions, Check FAQs

Most Asked Video Tutorials :

For more tutorials, Check Video Tutorials

Submit Feedback/Suggestion :

Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters 0/2000
Make Most of Text Search
  1. Checkout this video tutorial: How to search effectively on TaxTMI.
  2. Put words in double quotes for exact word search, eg: "income tax"
  3. Avoid noise words such as : 'and, of, the, a'
  4. Sort by Relevance to get the most relevant document.
  5. Press Enter to add multiple terms/multiple phrases, and then click on Search to Search.
  6. Text Search
  7. The system will try to fetch results that contains ALL your words.
  8. Once you add keywords, you'll see a new 'Search In' filter that makes your results even more precise.
  9. Text Search
Add to...
You have not created any category. Kindly create one to bookmark this item!
Create New Category
Hide
Title :
Description :
❮❮ Hide
Default View
Expand ❯❯
Close ✕
🔎 TMI Notes - Adv. Search
TEXT SEARCH:

Press 'Enter' to add multiple search terms. Rules for Better Search

Search In:
Main Text + AI Text
  • Main Text
  • Main Text + AI Text
  • AI Text
Law:
---- All Laws----
  • ---- All Laws----
  • Benami Property
  • Bill
  • Central Excise
  • Companies Law
  • Customs
  • DGFT
  • FEMA
  • GST
  • GST - States
  • IBC
  • Income Tax
  • Indian Laws
  • Money Laundering
  • SEBI
  • SEZ
  • Service Tax
  • VAT / Sales Tax
Types:
---- All Types ----
  • ---- All Types ----
  • Act Rules
  • Case Laws
  • Circulars
  • Manuals
  • News
  • Notifications
Sort By: ?
In Sort By 'Default', exact matches for text search are shown at the top, followed by the remaining results in their regular order.
Relevance Default Date
    News Bills
    Incentives to International Financial Services Centre
    News Bills
    Extension of sunset dates for several tax concessions pertaining to IFSC
    News Bills
    Exemption on life insurance policy from IFSC Insurance offices
    News Bills
    Exemption to capital gains and dividend for ship leasing units in IFSC
    News Bills
    Rationalisation of definition of 'dividend' for treasury centres in IFSC
    News Bills
    Simplified regime for fund managers based in IFSC
    News Bills
    Amendment of Section 10 related to Exempt income of Non-Residents
    News Bills
    Inclusion of retail schemes and Exchange Traded Funds (ETFs) in the existing relocation regime of fu...
    News Bills
    Extension of date of making investment by Sovereign Wealth Funds, Pension Funds & others and rationa...
    News Bills
    Scheme of presumptive taxation extended for non-resident providing services for electronics manufact...
    News Bills
    Extension of benefits of tonnage tax scheme to inland vessels
    News Bills
    Simplification of tax provisions for charitable trusts/institutions
    News Bills
    Rationalisation of ‘specified violation’ for cancellation of registration of trusts or instituti...
    News Bills
    Period of registration of smaller trusts or institutions
    News Bills
    Rationalisation of persons specified under sub-section (3) of section 13 for trusts or institutions
    News Bills
    Rationalisation in taxation of Business trusts
    News Bills
    Harmonisation of Significant Economic Presence applicability with Business Connection
    News Bills
    Bringing clarity in income on redemption of Unit Linked Insurance Policy
    News Bills
    Amendment of Definition of ‘Capital Asset’
    News Bills
    Extension of timeline for tax benefits to start-ups
❯❯
Maximize Maximize Maximize
0 / 200
Expand Note
Add to Folder

No Folders have been created

+

Are you sure you want to delete "My most important" ?

NOTE:

Notes
Showing Results for :
Reset Filters
Results Found:
Show All Summaries Hide All Summaries
News Bills
Show AI Summary
Incentives to International Financial Services Centre: proposed tax and regulatory amendments to further promote IFSC operations in non rupee currencies
IFSC is a jurisdiction providing financial services to non-residents and permitted residents in currencies other than the Indian Rupee; prior tax concessions have been granted to IFSC units to develop financial infrastructure, and the Union Budget 2025-26 proposes further amendments to provide additional incentives for operations from IFSC units, building on existing concessions to enhance its attractiveness for international financial services.
News Bills
Show AI Summary
IFSC tax concession sunset extension extends commencement and relocation deadlines to March 2030, effective April 2025.
The Finance Bill proposes extending sunset dates for tax concessions tied to IFSC units and relocation of funds to IFSC, moving the deadline for commencement and relocation-related benefits to 31 March 2030; these amendments take effect from 1 April 2025.
News Bills
Show AI Summary
Life insurance exemption extended to IFSC-issued policies without premium cap, improving parity for non-residents and clarifying scope.
Exemption for amounts received under life insurance policies, including bonuses, will expressly apply to policies issued by IFSC insurance offices; the proposed amendment removes the existing premium-cap condition for IFSC-issued policies to provide parity for non-resident policyholders, while leaving other exemption conditions intact, effective 1 April 2025.
News Bills
Show AI Summary
Exemption to capital gains and dividend expanded to ship leasing units in IFSC, aligning tax treatment with aircraft leasing.
The measure extends existing IFSC exemptions applying to aircraft leasing so that non residents or IFSC units engaged in ship leasing are exempt from capital gains tax on transfers of equity shares of domestic companies that are IFSC ship leasing units, and dividends paid by an IFSC ship leasing company to another IFSC ship leasing unit are likewise exempt. The amendment aligns ship leasing with aircraft leasing treatment and specifies an effective commencement under the Finance Bill.
News Bills
Show AI Summary
Dividend definition clarified for IFSC treasury centres-group entity loans to finance units excluded from dividend rules subject to conditions.
The proposal narrows the scope of dividend for IFSC corporate treasury centres by excluding advances or loans between group entities where one is a Finance company or Finance unit in IFSC acting as a global or regional corporate treasury centre, provided the parent or principal entity is listed on an overseas stock exchange (with Board specified exceptions). Conditions defining group entity, principal entity and parent entity will be prescribed, and the amendment is to take effect from the stated effective date.
News Bills
Show AI Summary
Business connection exemption for IFSC fund managers streamlined with timing relief and relaxed conditions for qualifying managers.
Amendments to Section 9A rationalise the resident participation condition by testing aggregate participation on 1 April and 1 October of the previous year, with a four month period to cure deficiencies. Clause (c) will otherwise remain unmodified for all eligible funds and managers. Additionally, clauses (a)-(m) may be relaxed for eligible funds whose IFSC based eligible fund managers commenced operations on or before the specified commencement date under sub section (8A). The amendments take effect from 1 April 2025.
News Bills
Show AI Summary
Exemption for non-resident derivative income expanded to include FPIs in IFSC units, subject to prescribed conditions.
The amendment broadens clause (4E) of section 10 to exempt from a non-resident's total income income from transfer of non-deliverable forward contracts, offshore derivative instruments, over-the-counter derivatives, and distribution of income on offshore derivative instruments when entered into with Foreign Portfolio Investors that are IFSC units, subject to prescribed conditions and applicable from the notified effective assessment year onward.
News Bills
Show AI Summary
Tax-neutral relocation: inclusion of retail schemes and ETFs in IFSC resultant fund definition enables tax-neutral transfers for investors.
The amendment adds retail schemes and Exchange Traded Funds (ETFs) established and regulated in the IFSC to the definition of resultant fund, so that transfers by investors of shares, units or interests in an original fund in exchange for interests in such IFSC funds are not treated as transfers for capital gains purposes, preserving the tax-neutral nature of relocations into IFSC funds.
News Bills
Show AI Summary
Long-term capital gains exemption for sovereign wealth and pension funds extended; investment deadline moved to 2030, effective April.
Clause (23FE) of section 10 is amended to exclude long-term capital gains arising from investments in India from the total income of specified persons, even if such gains are deemed short-term under section 50AA, and to extend the qualifying investment date from 31st March, 2025 to 31st March, 2030; the amendments take effect from 1st April, 2025.
News Bills
Show AI Summary
Presumptive taxation for non-resident service providers to electronics manufacturing facilities creates a deemed profit basis, reducing effective tax.
A presumptive taxation regime under proposed section 44BBD deems a fixed proportion of aggregate amounts received/receivable or paid/payable to non-residents for providing services or technology to resident companies establishing or operating electronics manufacturing or connected facilities under a Central Government notified scheme as profits and gains, simplifying tax treatment and lowering the effective tax on gross receipts, subject to prescribed conditions and rules.
News Bills
Show AI Summary
Tonnage tax extension to inland vessels allows eligible inland ships to opt into the tonnage tax regime from AY 2026 27.
Inland vessels registered under the Inland Vessels Act, 2021 are made eligible as qualified ships for the tonnage tax regime by aligning the income tax definition of inland vessels with that Act and by introducing corresponding amendments to extend tonnage tax benefits to inland vessels. The amendments are effective from 1 April 2026 and apply to the assessment year 2026 27 and subsequent assessment years.
News Bills
Show AI Summary
Charitable trust tax exemption requires registration and compliance with application, approval and cancellation procedures under the law.
Income of a trust or institution is exempt only if it meets statutory conditions and maintains registration; one provision governs the application procedure to obtain registration to claim exemption, another governs approval and cancellation of registration, and a separate provision disqualifies exemption where specified conditions are not satisfied.
News Bills
Show AI Summary
Specified violation classification: incomplete registration applications excluded from grounds for cancellation under section 12AB, limiting tax exposure.
The Finance Bill amends the Explanation to sub section (4) of section 12AB to provide that situations in which the application for registration of a trust or institution is not complete shall not be treated as a specified violation for purposes of cancellation of registration, thereby excluding mere incompleteness of the registration application from grounds that could trigger cancellation and consequent taxability under Chapter XII EB.
News Bills
Show AI Summary
Registration period for smaller trusts extended to reduce compliance where income and application criteria are met.
The period of registration for trusts or institutions that apply under the specified application categories of section 12A(1)(ac) will be extended from five years to ten years where the total income, before applying sections 11 and 12, does not exceed the stated income threshold in each of the two preceding years; the change aims to reduce compliance for smaller trusts and will take effect from 1 April 2025.
News Bills
Show AI Summary
Substantial contribution threshold revised, narrowing specified persons and excluding relatives and related concerns from applicability.
The amendment recalibrates the substantial contribution test by raising annual and aggregate contribution thresholds so that only larger contributors qualify as specified persons, and excludes relatives and concerns in which such contributors have substantial interest from the specified persons list; the changes apply prospectively from the Finance Bill's commencement date.
News Bills
Show AI Summary
Taxation of business trusts clarified: long-term capital gains treatment for units preserved alongside maximum marginal rate application.
The Finance Bill amends the taxation of business trusts to clarify that a business trust's total income remains taxable at the maximum marginal rate but subject to the long-term capital gains provision applicable to units of a business trust, thereby preserving pass-through taxation of interest, dividend and rental income in the hands of unit holders and explicitly aligning capital gains treatment with the special regime for REITs and InVITs.
News Bills
Show AI Summary
Significant economic presence exclusion clarified: purchases in India solely for export do not create business connection and are excluded.
Amendment clarifies that transactions confined to the purchase of goods in India for export by a non resident shall not constitute Significant Economic Presence and therefore shall not constitute a Business Connection in India under section 9, aligning Explanation 2A with the exclusion in Explanation 1 and preserving the non taxable character of purchase for export operations.
News Bills
Show AI Summary
Capital treatment of ULIP redemptions clarified: ULIPs without insurance exemption taxed as capital gains and treated as capital assets.
The proposal treats Unit Linked Insurance Policies for which the insurance-exemption does not apply as capital assets, mandates that profits on their redemption be taxed as capital gains, and includes those ULIPs within the definition of equity oriented funds for preferential capital-gains treatment; the measure responds to an existing premium-based exemption threshold and distinguishes non-ULIP life policy proceeds taxed as income from other sources where exemption is inapplicable.
News Bills
Show AI Summary
Capital asset classification: securities held by specified investment funds treated as capital assets, producing capital gains treatment.
The Act is amended to treat securities held by investment funds that acquired them in accordance with securities-market regulations as capital asset, so that any income from their transfer will be treated as capital gain; the amendment applies prospectively from the specified commencement and to subsequent assessment years.
News Bills
Show AI Summary
Start-up tax deduction extended, expanding eligibility for newly incorporated start-ups to a later cutoff while retaining certification conditions.
Amendment extends the temporal eligibility for the startup tax deduction, preserving the mechanism that permits an eligible start up to claim a full deduction of profits for a limited number of assessment years from the year of incorporation, conditional on meeting the turnover ceiling, holding an eligibility certificate from the inter ministerial board, and making the elective claim; the amendment moves the incorporation cutoff forward and takes effect from 1 April 2025.

TMI Notes

Back

All TMI Notes

Showing Results for :
Reset Filters
No Records Found

TMI Notes

Back

All TMI Notes

Showing Results for : Reset Filters

Input Tax Credit Eligibility under the CGST Act: Supplier Tax Non-Payment and Recipient ITC Claims: Constitutional and Compliance Consequences

16 September, 2026

Contents
Acts
Rules & Regulations
Plus +
Summary
Note

Note

-

Bookmark

Print

Print

This is a neutral professional article. The judgment is analysed in the context of its factual background, issues framed, and conclusions reached by the Court.

2026 (5) TMI 127 - GUJARAT HIGH COURT

At a Glance

The supplier-tax-payment condition for input tax credit in Section 16 of the Central Goods and Services Tax Act, 2017 has been upheld against a constitutional challenge. The relevant condition in Section 16(2)(c) is that, subject to Section 41, "the tax charged in respect of such supply has been actually paid to the Government, either in cash or through utilisation of input tax credit admissible in respect of the said supply".

In 2026 (5) TMI 127 - GUJARAT HIGH COURT, the Court declined both to invalidate Section 16(2)(c) and to read it down so as to protect only bona fide recipients from a supplier's payment default. The condition was construed as part of an integrated statutory framework comprising Sections 16, 41, 53 and 155 of the CGST Act and Rule 37A of the CGST Rules.

The decision proceeds on the basis that input tax credit is a statutory entitlement or concession, not an absolute or vested right independent of the conditions prescribed by the Act. A recipient may have to reverse credit where the supplier has not paid the tax, but Section 41(2) and Rule 37A provide for re-availment once the supplier furnishes the relevant return and discharges the tax liability, as applicable.

The Court nevertheless recognised the practical burden on genuine recipients. It expected the Government to consider measures, including an effective technology-based mechanism, to enable invoice-specific verification of supplier tax payment and to address the difficulties faced by bona fide purchasers.

Background & Context

The constitutional challenge arose from the consequence of a supplier's failure to remit GST collected on an underlying supply. The recipients contended that they had paid tax to registered suppliers, possessed proper documentation and, in relevant cases, had transaction details reflected through the GST system. Their central objection was that a recipient has no control over, or ordinary access to verify, the supplier's actual tax payment, especially the supplier's return in Form GSTR-3B.

The challenge was framed under Article 14 of the Constitution of India, which provides that the State shall not deny equality before the law or equal protection of the laws. It also invoked Article 19(1)(g), under which citizens have a right "to practise any profession, or to carry on any occupation, trade or business"; that freedom remains subject to reasonable restrictions in the interests of the general public under Article 19(6). The other grounds included Article 265 of the Constitution of India, which states that "[n]o tax shall be levied or collected except by authority of law", and Article 300A of the Constitution of India, which provides that no person shall be deprived of property save by authority of law.

The recipients sought a reading down under which the supplier-payment condition would apply only where the recipient was involved in fraud, collusion or connivance with the supplier. The revenue authority maintained that the statute makes actual tax payment an express condition of entitlement, that the recipient carries the burden to prove eligibility, and that the reversal-and-re-availment mechanism prevents any permanent loss of credit where the supplier subsequently pays the tax.

The ruling was confined to the vires of Section 16(2)(c). The merits of individual disputes, including the factual eligibility of particular recipients or the propriety of particular demands, were left open.

Key Issues / Provisions

Section 16: entitlement subject to cumulative conditions

Section 16(1) provides that every registered person shall, subject to prescribed conditions and restrictions and in the manner specified in Section 49, be entitled to credit of input tax charged on supplies used or intended to be used in the course or furtherance of business. The amount is credited to the electronic credit ledger.

Section 16(2) begins with a restrictive formulation: "no registered person shall be entitled to the credit of any input tax" unless the listed conditions are met. The material requirements are: possession of a tax invoice or debit note issued by a registered supplier under clause (a); supplier-furnished invoice details communicated to the recipient under clause (aa); receipt of goods or services under clause (b); absence of restriction of the communicated credit under Section 38 under clause (ba); actual payment of the tax to the Government under clause (c); and furnishing of the return under Section 39 under clause (d).

The impugned clause is expressly made "subject to the provisions of section 41". This textual connection is material: Section 16(2)(c) fixes actual payment of tax as a condition, while Section 41 addresses the consequence of supplier non-payment after the recipient has availed self-assessed eligible credit.

Section 41 and Rule 37A: reversal and re-availment

Section 41 of the Central Goods And Services Tax Act, 2017 permits a registered person, subject to prescribed conditions and restrictions, to avail self-assessed eligible input tax credit in the return. Section 41(2) provides that credit availed in respect of supplies for which the supplier has not paid tax "shall be reversed along with applicable interest". Its proviso permits the registered person to re-avail the reversed amount where the supplier makes payment of the tax payable.

Rule 37A of the Central Goods and Services Tax Rules, 2017 prescribes the procedure for a specified non-filing situation. Where the recipient has availed credit in Form GSTR-3B on an invoice or debit note reported by the supplier in Form GSTR-1, but the supplier has not furnished the corresponding Form GSTR-3B by 30 September following the financial year in which the credit was availed, the recipient must reverse the credit in Form GSTR-3B on or before 30 November following that financial year. Failure to reverse within that period renders the amount payable with interest under Section 50. If the supplier subsequently furnishes the relevant Form GSTR-3B, the recipient may re-avail the credit in a later Form GSTR-3B.

Burden of proof and charging framework

Section 155 of the Central Goods And Services Tax Act, 2017 states: "Where any person claims that he is eligible for input tax credit under this Act, the burden of proving such claim shall lie on such person." The Court treated this burden as extending to proof of statutory eligibility, including satisfaction of the actual-payment condition under Section 16(2)(c).

The basic levy under Section 9 of the Central Goods And Services Tax Act, 2017 is imposed on intra-State supplies and is payable by the taxable person. Section 9(3) separately authorises notified reverse-charge categories in which the recipient is treated as the person liable to pay tax. The challenge concerned the ordinary supplier-liability model, not a notified reverse-charge transaction.

Detailed Analysis

Section 16(2)(c) must be read with the entire GST credit architecture

The Court rejected the proposition that clauses (a), (aa), (b) and (ba) independently establish the recipient's final entitlement, leaving clause (c) irrelevant once invoice, communication and receipt are shown. The conditions in Section 16(2) were held to operate conjointly. Actual tax payment is an additional and substantive statutory condition, rather than a matter confined to the supplier-recipient relationship.

The Statement of Objects and Reasons was treated as reinforcing this construction. The stated objective of broadening input tax credit referred to credit in respect of "taxes paid" on supplies used or intended to be used in the course or furtherance of business. The Court therefore regarded the payment of tax into the Government treasury as intrinsic to the statutory design of credit.

In this analysis, the fact that details appear in GSTR-2A or GSTR-2B is important to the reporting and communication framework, but does not displace the statutory requirement of actual payment under Section 16(2)(c). The judgment specifically noted that furnishing Form GSTR-3B does not, by itself, establish full payment of tax for the purpose of the clause.

Why the former VAT analogy was not accepted

The Court considered the line of authority under a former State VAT enactment in which denial of credit to a bona fide purchaser was read down. That approach was shaped by the absence of a mechanism enabling the purchaser to ascertain whether the selling dealer had remitted tax, the confidentiality of the seller's returns, and wording that was understood to permit unguided choice of the dealer against whom the department could proceed.

Those features were not treated as determinative under the GST framework. The Court distinguished the former VAT regime because GST includes the combined operation of Section 41(2), Rule 37A and Section 155, and because the credit system has an inter-State fiscal dimension. The former VAT reasoning could therefore not be transposed without examining the integrated GST scheme.

A decision which had applied the former VAT reasoning to Section 16(2)(c) was expressly not accepted. The Court concluded that the contrary view did not sufficiently account for the interaction of Sections 41 and 53 with Rule 37A.

Inter-State credit transfers and the fiscal rationale

Section 53 was considered relevant because utilisation of central tax credit towards integrated tax affects transfers from the central tax account to the integrated tax account. The reasoning was that, in an inter-State supply chain, credit can traverse State boundaries through the IGST mechanism. Permitting downstream credit without underlying payment could oblige a transfer of revenue that was not received from the defaulting supplier.

The Court relied on the reasoning of a related authority that considered ITC to be conditional on the statutory scheme and identified three connected objectives: removal of cascading effect, time-bound collection through self-assessment, and compliance for inter-State transfer of credit. Recovery proceedings against the supplier were held not to be an equivalent substitute for the statutory conditions governing timely availment and reversal, because recovery can be uncertain and is not necessarily time-bound.

The related authority reported as 2023 (9) TMI 902 - PATNA HIGH COURT concerned the time-limit condition in Section 16(4), rather than Section 16(2)(c). Its relevance lies in the broader proposition that ITC does not vest independently of statutory compliance and that a clear condition attached to the credit entitlement is not merely procedural. That authority similarly rejected a challenge based on Articles 14, 19(1)(g) and 300A in respect of a condition for availment of ITC.

No double taxation or unconstitutional deprivation

The argument that recipient-side denial produces double taxation was rejected. The Court held that the framework provides for reversal and later re-availment once the supplier pays. In that setting, the consequence is not a second levy without legal authority, but the withholding or reversal of a statutory credit until the statutory condition is met.

The Court also rejected the characterisation of ITC as a vested property right for Article 300A purposes. Credit remains an entitlement regulated by conditions and restrictions under the CGST Act. Since Section 16(2)(c), read with Section 41(2), supplies the governing legal authority, the constitutional challenge based on deprivation of property did not succeed.

Reading down was unavailable on the statutory language adopted

Reading down is a limited interpretative device: where a provision reasonably bears a narrower construction that avoids constitutional invalidity, a court may adopt that construction to preserve the legislation. It is not a means to rewrite clear statutory language or introduce an exception that Parliament has not enacted.

Section 16(2)(c) was held to be clear and unambiguous. Its terms do not distinguish between bona fide and collusive recipients as a condition for operation. The Court concluded that the broader statutory framework supplies checks and balances through reversal, eventual re-availment and revenue recovery. Consequently, neither invalidation nor a recipient-protective reading down was warranted.

Practical Implications

  • Recipients should treat supplier tax compliance as a live ITC risk, rather than confining verification to possession of invoices, receipt of supplies and reflection of entries in GSTR-2B.

  • Where Rule 37A applies, the statutory dates for reversal are significant. Credit relating to a supplier's unfiled corresponding Form GSTR-3B must be monitored against the 30 September and 30 November milestones specified in the Rule.

  • Document retention should address the full Section 16 and Section 155 burden: invoice and debit-note records, evidence of actual receipt, GSTR-2B reconciliation, return records, supplier correspondence and records concerning reversal or subsequent re-availment.

  • Commercial arrangements may address the allocation of loss arising from supplier default. The Court noted that contractual indemnity clauses may be used to hold a supplier responsible where its failure to remit collected tax causes loss to the recipient.

  • The ruling does not foreclose the recipient's available remedies against a defaulting supplier. Equally, the revenue authority retains statutory recovery powers against the supplier. These remedies do not, however, eliminate the recipient's statutory obligation concerning ITC eligibility and reversal.

  • In litigation, a challenge confined to the recipient's bona fides may not by itself answer the condition in Section 16(2)(c). The statutory mechanism under Section 41 and Rule 37A, the burden under Section 155, and the factual basis for the proposed reversal or demand require separate examination.

Key Takeaways

  • Section 16(2)(c) requires actual payment of tax to the Government and operates as a substantive condition for ITC.

  • The conditions under Section 16(2) are to be satisfied cumulatively; proof of invoice, receipt and reflected credit does not independently conclude the entitlement inquiry.

  • Section 41(2) requires reversal of credit where the supplier has not paid tax, while its proviso permits re-availment when payment is subsequently made.

  • Rule 37A supplies a defined reversal and re-availment procedure for cases in which the supplier does not furnish the corresponding Form GSTR-3B within the prescribed period.

  • Section 155 places the burden of proving ITC eligibility on the claimant.

  • The constitutional challenge to Section 16(2)(c), including the request to confine it to fraudulent or collusive transactions, was not accepted. At the same time, the Court recorded the need for administrative and technological measures that reduce the compliance burden on genuine recipients.

 


Full Text:

2026 (5) TMI 127 - GUJARAT HIGH COURT

Topics

Acts Income Tax