Input tax credit reversals remain subject to supplier-default recovery mechanisms, bona fide recipient safeguards, and lawful demand requirements.
Section 16(2)(c) is constitutionally valid, but reversal of input tax credit for supplier default may be followed by re-availment once the supplier pays tax under the post-2022 framework. Recovery issues remain distinct from entitlement to credit. Administrative guidance supports pursuing the defaulting supplier first, subject to exceptional cases, while bona fide conduct and the sufficiency of a demand require factual examination. Businesses should monitor supplier compliance, reconcile GSTR-2B, observe Rule 37A reversal timelines, preserve transaction and movement evidence, and seek details of recovery action against suppliers. (AI Summary)
Section 16(2)(c) is constitutionally valid, but reversal of input tax credit for supplier default may be followed by re-availment once the supplier pays tax under the post-2022 framework. Recovery issues remain distinct from entitlement to credit. Administrative guidance supports pursuing the defaulting supplier first, subject to exceptional cases, while bona fide conduct and the sufficiency of a demand require factual examination. Businesses should monitor supplier compliance, reconcile GSTR-2B, observe Rule 37A reversal timelines, preserve transaction and movement evidence, and seek details of recovery action against suppliers. (AI Summary)
TaxTMI 