Avail ITC only after ensuring compliance under Section 16 of CGST Act 2017
Kerala High Court upholds constitutional validity which was challenged :
- Sections 16(2)(c) (disallowance of input tax credit (ITC) due to non-payment of tax by supplier)
- Section 16(4) (time limit for claiming ITC) of Central Goods and Services Tax Act, 2017 (CGST Act);
However, grants relief by allowing claim of ITC to assessee who had filed Forms GSTR-3B for September (of each financial year) beyond the prescribed due date, but prior to 30 November of the relevant year.
[M/S TRADE LINKS v. UNION OF INDIA AND ORS 2024 (6) TMI 288]