- Issue of Input Tax Credit Availability: The article discusses the complexities surrounding the availability of input tax credit (ITC) when Integrated Goods and Services Tax (IGST) is paid on imports using TR-6 Challan, particularly when the payment occurs much later than the import itself.
- Regulatory Ambiguities: The authors highlight that the Central Goods and Services Tax (CGST) Rules do not explicitly recognize TR-6 Challan as a valid document for claiming ITC, leading to disputes over whether it qualifies as a ‘similar document prescribed’ under Rule 36(1)(d). They reference CBIC Circular No. 16/2023-Cus, which states that TR-6 Challan is not valid for ITC claims, yet argue that this should not invalidate legitimate claims.
- Call for Clarification from GST Council: The authors note that issues regarding the credit of IGST paid may persist even for those availing benefits under Section 18A of the Customs Act. They advocate for the GST Council to provide clarifications to simplify compliance and facilitate easier business operations.
Source LKS Amicus
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