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SC Reviews Constitutional Validity of Section 16(2)(c) After ITC Denial to Bona Fide Recipient

TaxGuru•
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Summary

AI-Generated
  • The Supreme Court is examining the constitutional validity of Section 16(2)(c) of the CGST Act, which denies Input Tax Credit (ITC) to bona fide recipients.
  • This challenge arises from a situation where ITC was denied despite taxes being paid by the immediate supplier.
  • The case questions whether a recipient can be penalized for defaults allegedly committed by a supplier higher up in the supply chain.
  • The outcome could significantly impact how ITC claims are handled and the responsibilities of recipients in tax compliance.

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