The law
CGST Act 2017, Sec 16(2)(a) to (d)
ITC needs a tax invoice, receipt of goods or services, tax actually paid to the Government by the supplier and the recipient's own returnSource
CGST Act 2017, Sec 16(2)(aa) and CGST Rules, Rule 36(4)
ITC only for invoices the supplier has reported in GSTR-1, GSTR-1A or IFF and that are communicated in GSTR-2BSource
CGST Act 2017, Sec 16(2), second proviso
If the supplier is not paid value plus tax within 180 days of the invoice, the ITC is added to output tax with interest; it can be taken again on paymentSource
CGST Act 2017, Sec 16(4)
No ITC on an invoice after the earlier of the September return due date following the year (now 30 November) or filing of the annual returnSource
Invoice Management System (GSTN, from October 2024 tax period)
Recipient may accept, reject or keep pending supplier records; no action means deemed accepted; GSTR-2B is generated on the 14th and can be regenerated until GSTR-3B is filedSource
GSTN advisories of 25 September and 29 October 2025 (from October 2025 period)
Credit notes and downward amendments can be kept pending for one tax period; recipient declares ITC actually availed and reverses only that much; remarks visible to supplier; import Bills of Entry appear in IMSSource
CGST Act 2017, Sec 155
The person claiming ITC carries the burden of proving the claimSource
Government fee
No government fee. Wrongly availed and utilised ITC carries interest at 18 percent a year under Sec 50(3). Source: https://taxgarden.in/blog/gst-late-fee-interest-penalty-gstr-3b-gstr-1-gstr-9-guide