Amended and updated notes on section 41 of CGST Act, 2017. Detail discussion on provisions and rules related to claim of input tax credit and provisional acceptance thereof.
Chapter IX (Sections 37–48) of the Central Goods and Services Tax Act, 2017 deals with the provisions related to returns. Section 41 of CGST 2017 provides for claim of input tax credit and provisional acceptance thereof.
Recently, we have discussed in detail section 40 (First return) of CGST Act 2017. Today, we learn the provisions of section 41 of Central GST Act 2017 as amended by the Finance Act 2022.
Section 41 of the Central Goods and Services Tax Act, 2017 has been notified by the Ministry of Finance vide Notification No. 9/2017-Central Tax, G.S.R. 658(E), dated 28.06.2017. This notification was come into force from 1st July, 2017 i.e. the commencement date of section 41 is 1-7-2017.
| Name of Act | The Central Goods and Services Tax Act 2017 |
|---|---|
| Enacted by | Parliament of India |
| Administered by | Central Board of Indirect Taxes & Customs |
| Governing body | GST Council |
| Number of Chapters | 21 |
| Number of Sections | 174 |
| You are reading: | |
| Chapter No. | IX |
| Chapter Name | Returns |
| Section No. | 41 |
| Section Name | Availment of Input Tax Credit |
| Updated 2024 Edition | GST Law Book PDF |
Section 41 of CGST – Availment of input tax credit1
Substitution of new section for section 41 by the Finance Act, 2022.
Section 41(1) of CGST Act
Section 41(1): Every registered person shall, subject to such conditions and restrictions as may be prescribed, be entitled to avail the credit of eligible input tax, as self-assessed, in his return and such amount shall be credited to his electronic credit ledger.
Section 41(2) of CGST Act
Section 41(2): The credit of input tax availed by a registered person under sub-section (1) in respect of such supplies of goods or services or both, the tax payable whereon has not been paid by the supplier, shall be reversed along with applicable interest, by the said person in such manner as may be prescribed:
Provided that where the said supplier makes payment of the tax payable in respect of the aforesaid supplies, the said registered person may re-avail the amount of credit reversed by him in such manner as may be prescribed.
- Substitution of new section for section 41 by the Finance Act, 2022. ↩︎