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September 2026

Section 16(2)(C) Of The CGST Act

By Sunil Gabhawalla | Rishabh Singhvi | Parth Shah, Chartered Accountants
Reading Time 35 mins

यथा मधु समादत्ते रक्षन् पुष्पाणि षट्पदः। तद्वदर्थान्मनुष्येभ्यः आदद्यादविहिंसया॥

“As the bee gathers honey from the flower without harming its fragrance or its bloom,

so should the king gather wealth from his subjects without causing them injury.”

Kautilya, Arthashastra, Book II

Section 16(2)(c) of the CGST Act conditions Input Tax Credit (ITC) on the supplier’s actual tax payment to the Government. Courts, including the Gujarat High Court in Maruti Enterprise, view ITC as a statutory concession rather than a vested right, necessitating strict compliance. While the Supreme Court’s dismissal in Bhandari Scrap Traders affirmed this, legal debates persist regarding the "impossibility" of recipients verifying supplier payments. Taxpayers face significant risks from supplier defaults and retrospective registration cancellations. Recommended safeguards include invoice-level reconciliation, proactive suppli