Page 144 - GSTL_3rd September 2020_Vol 40_Part 1

78 GST LAW TIMES [ Vol. 40
(c) the tax payable under the provisions of sub-sections (3) and
(4) of section 5 of the Integrated Goods and Services Tax Act;
(d) the tax payable under the provisions of sub-sections (3) and
(4) of section 9 of the respective State Goods and Services Tax
Act; or
(e) the tax payable under the provisions of sub-sections (3) and
(4) of section 7 of the Union Territory Goods and Services Tax
Act, but does not include the tax paid under the composition
levy;
(63) ”input tax credit” means the credit of input tax;
4.6 U/s. 16(1) of CGST Act, every registered person shall, subject to
such conditions and restrictions as may be prescribed and in the manner speci-
fied in Section 49, be entitled to take credit of input tax charged on any supply of
goods or services or both to him which are used or intended to be used in the
course or furtherance of his business and the said amount shall be credited to the
electronic credit ledger of such person.
Sec. 16 of CGST Act, 2017 provides for eligibility and conditions for taking input
tax credit as under :
(1) Every registered person shall, subject to such conditions and
restrictions as may be prescribed and in the manner specified in sec-
tion 49, be entitled to take credit of input tax charged on any supply
of goods or services or both to him which are used or intended to be
used in the course or furtherance of his business and the said
amount shall be credited to the electronic credit ledger of such per-
son.
(2) Notwithstanding anything contained in this section, no regis-
tered person shall be entitled to the credit of any input tax in respect
of any supply of goods or services or both to him unless, -
(a) he is in possession of a tax invoice or debit note issued by
a supplier registered under this Act, or such other tax
paying documents as may be prescribed;
(b) he has received the goods or services or both.
Explanation. - For the purposes of this clause, it shall be
deemed that the registered person has received the
goods or, as the case may be, services -
(i) where the goods are delivered by the supplier to
a recipient or any other person on the direction of
such registered person, whether acting as an
agent or otherwise, before or during movement of
goods, either by way of transfer of documents of
title to goods or otherwise;
(ii) where the services are provided by the supplier
to any person on the direction of and on account
of such registered person.
(c) subject to the provisions of section 41 or section 43A, the
tax charged in respect of such supply has been actually
paid to the Government, either in cash or through utilisa-
tion of input tax credit admissible in respect of the said
supply; and

GST LAW TIMES  3rd September 2020  160