GST DAILY – 329 : Assessee could not be given the benefit of ITC unless tax collected had actually been paid to the exchequer: HC

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THE KERALA HIGH COURT IN THE CASE OF  Tirupati Balaji Traders V/s Union of India , decided on 24-7-2024

👉 Issue:-

✔️ Can Assesseebe given the benefit of ITC unless tax collected had actually been not paid to the exchequer?

👉 The Hon’ble High Court Judgement:-

✔️ Where assessee filed writ petition challenging constitutional validity of section 16(2)(c), since right to avail input tax credit was a conditional right, assessee could not be given benefit of input tax credit unless amount of tax collected from assessee had actually been paid to exchequer.

Section 16 of Central Goods and Services Tax Act, 2017