The law
CGST Act 2017, Sec 16(2)(c)
ITC only if the tax charged has actually been paid to the Government by the supplierSource
CGST Act 2017, Sec 155
Burden of proving an ITC claim lies on the person claiming it; mere invoices may not be enough (Ecom Gill Coffee Trading, SC 2023)Source
Shaurya Alloys v State of Punjab (Punjab and Haryana HC, 1 October 2026)
Sec 16(2)(c) and 155 upheld but not to be applied mechanically; supplier default or retrospective cancellation alone does not justify denial; buyer can discharge burden with invoices, e-way bills, transport and stock recordsSource
Commissioner of Trade and Tax v Shanti Kiran India (SC, 9 October 2025, under DVAT)
Bona fide purchaser not denied credit for seller's default where seller was registered on the transaction date, absent collusionSource
CGST Act 2017, Sec 16(2), second proviso
Pay the supplier within 180 days of invoice or reverse ITC with interestSource
CGST Rules 2017, Rule 86A
Credit can be blocked where the supplier is non-existent, goods were not received or tax was not paidSource
CGST Act 2017, Sec 122(1) and 122(1A)
Penalty on invoices without supply and wrongful ITC; Sec 122(1A) also reaches the person who retains the benefitSource
CGST Act 2017, Sec 132
Fake invoices and ITC on them are offences, with imprisonment by amount slabs; above ₹5 crore cognizable and non-bailableSource
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