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Constitutional Validity Of Section 16(2)(aa) Of The CGST Act, 2017




Nooransh Grover, Gujarat National Law University


ABSTRACT


The research paper delves into the implications of Section 16(2)(aa) of the Central Goods and Services Tax (CGST) Act, 2017, focusing on the eligibility criteria for claiming Input Tax Credit (ITC) and the impact on enterprises.


The primary objective is to analyze the implementation of this provision, its effects on businesses, and the constitutional aspects surrounding its validity. The paper aims to explore the challenges faced by enterprises in complying with the new requirements, the legal disputes arising from discrepancies in tax filings, and the judicial interpretations regarding the denial of ITC.


Additionally, it seeks to address the constitutional concerns raised by the provision, particularly in relation to the principles of natural justice, the Constitution of India, and the fundamental rights of taxpayers. Through a comprehensive examination of legal cases and constitutional arguments, the research paper aims to provide insights into the complexities of tax laws, the need for fairness in taxation, and the balance between state power and taxpayer rights.


Keywords: Section 16(2)(aa), Constitutional validity, CGST Act, 2017.

Comments


Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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