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HC clarified scope of Rule 39(1)(a) by explaining GST ITC need not be distributed on invoice date
Case Law Details
- Case Name
- Reliance Jio Infocomm Ltd Vs Union of India (Madras High Court)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- All High Courts, Madras High Court
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Reliance Jio Infocomm Ltd Vs Union of India (Madras High Court)
Conclusion: While interpreting Rule 39(1)(a) to mandate distribution immediately upon receipt of invoice would lead to absurdity and conflict with the statutory scheme, as ITC could not be claimed or distributed before satisfaction of the conditions prescribed under Section 16. The rule did not mandate distribution of credit merely on receipt of invoice; rather, it required distribution in the month in which ITC becomes available in accordance with law.
Held: Assessee-company was having multiple GST registrations across India, o...
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