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GST | ITC Available to Buyer Only if Supplier Has Paid Tax; Validity of Section 16(2)(c) of the CGST Act Upheld: Supreme Court

28 Jul 2026 3 min read
GST | ITC Available to Buyer Only if Supplier Has Paid Tax; Validity of Section 16(2)(c) of the CGST Act Upheld: Supreme Court

The Supreme Court of India recently upheld the constitutional validity of Section 16(2)(c) of the Central Goods and Services Tax (CGST) Act, 2017, affirming that a buyer can only avail Input Tax Credit (ITC) if the supplier has actually paid the collected tax to the government. The Court dismissed various petitions challenging this provision and reinforced the legal position that ITC is contingent upon the tax being deposited by the…

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