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.
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