Supreme Court issued directions to Monitoring Committee to take necessary action to enable assessee (lessee) to claim and obtain input tax credit under GST Act

No Comments

Section 16 of the Central Goods and Services Tax Act, 2017 – Input tax credit – Eligibility and conditions for taking credit – Assessee filed an Interlocutory Application before Supreme Court in regard to claim and obtain input tax credit under Central Goods and Services Tax Act – Whether Monitoring Committee was to be directed to take necessary action to enable assessee (lessee) to claim and obtain input tax credit under GST Act – Held, yes.

The Court directed the Monitoring Committee to take necessary action to enable the assessee (lessee) to claim and obtain input tax credit under the GST Act. The GST payable on the sale value of the mineral purchased in the e-auction shall be paid by the buyer directly to the lessee and the lessee would be responsible for all compliances as may be required under the Act. [Para 1]

The Court further directed the Monitoring Committee to prepare appropriate proforma and also take steps for carrying proper Tax Identification Number of the respective lessees on the invoices as may be required. [Para 2]

Citation: [2018] 91 taxmann.com 279 (SC)