Input Tax Credit Eligible Though Supplier Failed to File GSTR-1: Gauhati HC

MCLEOD Russel India Limited Vs Union of India (Gauhati High Court) Think Differently: Input credit is eligible for default of supplier in furnishing GSR-1 return and invoice not reflected on portal based on other documents; Gauhati High Court Protects Bona Fide Buyers Despite Section 16(2)(aa) Restrictions Background Since the introduction of GST, Input Tax Credit (ITC) has been a major bone of contention between tax authorities and assessees. Section 16 of the CGST Act, 2017, imposes several conditions for claiming credit. A primary issue arises when a bona fide buyer pays both the input cost...