ITC Case Laws — Section 16 & 17 High Court Rulings

63 court rulings on Input Tax Credit under GST (Sections 16 & 17) — sourced from Supreme Court, High Courts, CESTAT, AAR and AAAR.

63
Case Laws
9
Sections Covered
Input Tax Credit — Eligibility & Conditions (Section 16) Blocked Credits & Proportionate ITC (Section 17) ITC Availability on Registration & Changes (Section 18) CGST Section 42 — Matching, reversal and reclaim of input tax credit CGST Section 43 — Matching, reversal and reclaim of reduction in output tax liability CGST Rules Section 36 — Documentary requirements and conditions for claiming ITC GST Return — Outward Supplies (GSTR-1, Section 37) CGST Rules Section 37A — Reversal of ITC in case of non-payment of tax by supplier CGST Rules Section 42 — Manner of determination of ITC in respect of inputs or input services
Karnataka High Court2025WRIT PETITION NO. 108748

Karibasappa Durgappa Hadagali vs The Additional Commissioner on 24 November, 2025

Of course. As a Senior GST Legal Analyst, here is a structured summary of the judgment in *Karibasappa Durgappa Hadagali vs The Additional Commissioner*. *** ### **Judgment Summary** **1. Outcome** The Writ Petition was allowed in part. The High Court quashed the...

The precedent established that mistakes like... Applying the principle of judicial consistency, the... Consequently, the Court quashed the impugned orders...
Patna High Court2025No.470 of 2024

M/S Bathla Telectech Pvt. Ltd vs The State Of Bihar on 11 April, 2025

Of course. As a Senior GST Legal Analyst, here is a structured summary of the judgment in M/S Bathla Telectech Pvt. Ltd vs The State Of Bihar. *** ### **Judgment Summary** **Case Title:** M/S Bathla Telectech Pvt. Ltd vs The State Of Bihar & Others (Lead case: M/s Utkrisht...

**Non-Application of Mind by Authorities:** The... **Distinguishing Precedents:** The Court agreed...
Patna High Court2025No.470 of 2024

M/S Bathla Teletech Pvt Ltd vs The State Of Bihar on 11 April, 2025

Of course. As a Senior GST Legal Analyst, here is a structured summary of the judgment in *M/S Bathla Teletech Pvt Ltd vs The State Of Bihar*. *** ### **Judgment Summary** **Case:** M/S Bathla Teletech Pvt Ltd vs The State Of Bihar (Lead Case: M/s Utkrisht Trade Solutions...

It emphasized the **Explanation to Section 16(2)(b)... The Court noted that the GST law marks a departure... The authorities below failed to apply their minds...
Patna High Court2025No.470 of 2024

M/S Bathla Teletech Pvt. Ltd vs The State Of Bihar on 11 April, 2025

Of course. As a Senior GST Legal Analyst, here is a structured summary of the judgment in M/S Bathla Teletech Pvt. Ltd vs The State Of Bihar. This judgment addresses a group of similar writ petitions, with CWJC No. 17914 of 2023 (M/s Utkrisht Trade Solutions Pvt. Ltd.)...

It clarified that the Explanation to Section... The Court observed that physical possession is not... The authorities failed to apply their minds to the...
Patna High Court2025No.470 of 2024

M/S Bathla Teletech Pvt. Ltd vs The State Of Bihar on 11 April, 2025

Of course. Here is a summary of the judgment as requested. *** ### **Judgment Summary: M/S Bathla Teletech Pvt. Ltd vs The State Of Bihar** **Date of Judgment:** 11 April, 2025 **Bench:** Hon’ble Mr. Justice P. B. Bajanthri, Hon’ble Mr. Justice Alok Kumar Sinha **Lead...

The **Explanation to Section 16(2)(b)** is clear... The Court found that the tax authorities had erred... While upholding the assessee's interpretation, the...
Patna High Court2025No.470 of 2024

M/S Consulting Rooms Private Limited vs The State Of Bihar on 11 April, 2025

Of course. As a Senior GST Legal Analyst, here is a structured summary of the judgment. *** ### **Judgment Summary: M/s Utkrisht Trade Solutions Pvt. Ltd. vs. The State of Bihar & Others (Lead Case)** *Note: The court heard a batch of petitions, with the facts and...

**Deemed Receipt is Statutorily Recognized:** The... **Departure from Previous Tax Regimes:** The Court... **Burden of Proof:** While the dealer is deemed to...
Patna High Court2025No.470 of 2024

M/S Sane Retails Private Limited vs The State Of Bihar on 11 April, 2025

Of course. As a Senior GST Legal Analyst, here is a structured summary of the judgment in *M/S Sane Retails Private Limited vs The State Of Bihar*. *** ### **Judgment Summary: M/S Sane Retails Private Limited & Ors. vs The State Of Bihar** --- #### **1. Outcome** The...

The CGST Act represents a departure from older tax... The Court distinguished the precedents relied upon... The Court concluded that the lower authorities had...
Patna High Court2025No.470 of 2024

M/S Shreyash Retail Private Limited vs The State Of Bihar on 11 April, 2025

Of course. As a Senior GST Legal Analyst, here is a structured summary of the judgment. *** ### Judgment Summary: M/S Shreyash Retail Private Limited vs The State Of Bihar **Case Reference:** The judgment adjudicates a batch of petitions, with the lead case being **CWJC...

The Court reasoned that the Explanation clearly... This provision in the CGST Act marks a departure... The Court found that the authorities below had...
Patna High Court2025No.470 of 2024

M/S Utkrisht Trade Solution Pvt. Ltd vs The State Of Bihar on 11 April, 2025

Of course. Here is a structured summary of the judgment as requested. *** ### **GST Judgment Summary: M/S Utkrisht Trade Solution Pvt. Ltd vs The State Of Bihar** **1. Outcome** The writ petitions were allowed. The impugned orders passed by the Adjudicating Authority...

The Court gave significant weight to the... The Court observed that the GST regime is a... The lower authorities had failed to apply their...
Patna High Court2025No.470 of 2024

M/S Utkrisht Trade Solutions Pvt. Ltd vs The State Of Bihar on 11 April, 2025

Of course. As a Senior GST Legal Analyst, here is a structured summary of the judgment in M/S Utkrisht Trade Solutions Pvt. Ltd vs The State Of Bihar. *** ### **Judgment Summary: M/S Utkrisht Trade Solutions Pvt. Ltd vs The State Of Bihar** **Date of Judgment:** 11 April,...

It clarified that the CGST Act does **not** mandate... The lower authorities committed an error by failing... The Court distinguished the precedents relied upon...
Supreme Court of India2024WRIT PETITION (CIVIL) NO. 846

Chief Commissioner Of Central Goods And ... vs M/S Safari Retreats Private Limited on 3 October, 2024

Of course. As a Senior GST Legal Analyst, here is a structured summary of the judgment in *Chief Commissioner Of Central Goods And ... vs M/S Safari Retreats Private Limited*. *** ### **Judgment Summary** **Title:** Chief Commissioner Of Central Goods And ... vs M/S Safari...

**"Functionality Test" to Determine 'Plant':**... **Case Remanded:** The judgment of the Orissa High... **On "Plant or Machinery":** The Court sided with...
Delhi High Court2024No. 5038 of 2021

Elevar Digitel Infrastructure Pvt Ltd ... vs Union Of India & Ors. on 12 December, 2024

Of course. As a Senior GST Legal Analyst, here is a structured summary of the judgment. *** ### **Judgment Summary: Elevar Digitel Infrastructure Pvt Ltd vs Union Of India & Ors.** **1. Outcome** The writ petitions were allowed in favor of the petitioners. * The...

**Respondents' (Revenue's) Arguments:** The precedents cited by the petitioners (like... The CGST Act, 2017, contains a specific...
Delhi High Court2024No. 5038 of 2021

Indus Towers Limited vs Union Of India & Ors. on 12 December, 2024

Of course. As a Senior GST Legal Analyst, here is a structured summary of the judgment in *Indus Towers Limited vs Union Of India & Ors.* *** ### **Summary of Judgment: Indus Towers Limited vs Union Of India & Ors.** **Date of Judgment:** 12 December, 2024 **Bench:**...

. **Logical Flaw in Respondents' Argument:** The... . **Conclusion:** As telecommunication towers are...
Delhi High Court2024No. 5038 of 2021

M/S Bharti Airtel Limited vs Commissioner, Cgst Appeals-1 Delhi on 12 December, 2024

Of course. As a Senior GST Legal Analyst, here is a structured summary of the judgment. *** ### **Judgment Summary: M/S Bharti Airtel Limited vs Commissioner, Cgst Appeals-1 Delhi** **1. Outcome** The writ petitions were **allowed** in favor of the petitioners (Bharti...

**Respondents' (Revenue's) Arguments:** The precedents cited by the petitioners, though not... The CGST Act is distinguishable due to the...
Delhi District Court2024no. 781113535332

M/S Greenolution Pvt Ltd vs Rhino Concretes India Pvt Ltd And Ors on 30 September, 2024

Of course. As a Senior GST Legal Analyst, here is a structured summary of the judgment in *M/S Greenolution Pvt Ltd vs Rhino Concretes India Pvt Ltd*. *** ### **Judgment Summary** **1. Outcome** The suit was decreed in favor of the Plaintiff (M/s Greenolution Pvt Ltd). The...

**Deemed Admission of Documents:** Consequently,... **Significance of ITC Admission:** The court... **Interest Rate Modification:** While upholding the...
Madras High Court2024No. 21737 of 2024

Tvl.Aanjaneya Pharmacy vs The Commissioner Of Commercial Taxes on 19 September, 2024

Of course. As a Senior GST Legal Analyst, here is a structured summary of the judgment in *Tvl. Aanjaneya Pharmacy vs The Commissioner Of Commercial Taxes*. *** ### **Judgment Summary** **1. Outcome** The writ petitions were disposed of. The impugned assessment orders...

The Court also deemed it fair to provide the... Balancing the interests of both parties, the Court...
Bangalore District Court2023No.73 of 2007

Bengaluru - 560 039 vs Mr. Ganesh Shet on 9 May, 2023

Of course. As a Senior GST Legal Analyst, here is a structured summary of the judgment in *M/s. Winsid Coatings India Pvt., Ltd., vs Mr. Ganesh Shet*. --- ### **Summary of Judgment** **1. Outcome** The Accused, Mr. Ganesh Shet, was convicted of the offence punishable under...

**On Deficient Stamp Duty:** The Court referred to... **On the GST Input Tax Credit (ITC) Argument:**... The Accused argued that the Complainant had claimed...
Karnataka High Court2023WRIT PETITION No.16175

M/S Wipro Limited India vs The Assistant Commissioner Of Central ... on 6 January, 2023

Of course. As a Senior GST Legal Analyst, here is a structured summary of the judgment in M/S Wipro Limited India vs The Assistant Commissioner of Central Tax. *** ### **Summary of Judgment: M/S Wipro Limited India vs The Assistant Commissioner Of Central Tax** #### **1....

**Justice-Oriented Approach:** Although the... **Conclusion:** Given the nature of the error and...
Madras High Court2022No.949 of 2022

M/S. Atc Tires Private Limited vs Joint Commissioner Of Gst & on 8 March, 2022

Of course. As a Senior GST Legal Analyst, here is a structured summary of the judgment in M/S. Atc Tires Private Limited vs Joint Commissioner Of Gst. *** ### **Judgment Summary: M/S. Atc Tires Private Limited vs Joint Commissioner Of Gst** **1. Outcome** The Writ Petition...

**Purpose of Zero-Rating:** The very purpose of... **Correct Interpretation of Rule 89(1) Proviso:**... **Absence of Double Benefit:** The supplier of the...
Madras High Court2022No.949 of 2022

M/S. Atc Tires Private Limited vs Joint Commissioner Of Gst & on 8 March, 2022

Of course. As a Senior GST Legal Analyst, here is a structured summary of the judgment in *M/S. Atc Tires Private Limited vs Joint Commissioner Of Gst & on 8 March, 2022*. *** ### **1. Outcome** The Writ Petition was **allowed**. The High Court quashed the Order-in-Appeal...

The Court reasoned that the entire GST chain must... If the petitioner (the actual exporter) is also... The Court interpreted the second proviso to Rule...
Allahabad High Court2021No.304 of 2020

M/S North End Food Marketing Pvt. Ltd. vs State Of U P And 4 Others on 31 August, 2021

As a Senior GST Legal Analyst, here is a structured summary of the judgment in *M/S North End Food Marketing Pvt. Ltd. vs State Of U P And 4 Others*. *** ### **1. Outcome** The writ petition was **allowed**. The impugned order dated 26.03.2021, passed by the Commissioner...

. **Non-Reasoned Order:** The impugned order did... . **Drastic Nature of Rule 86A:** The Court...
Gujarat High Court2020NO. 8841 of 2020

M/S S. S. Industries vs Union Of India on 24 December, 2020

Of course. As a Senior GST Legal Analyst, here is a structured summary of the judgment in *M/S S. S. Industries vs Union Of India*. *** ### **Judgment Summary: M/S S. S. Industries vs Union Of India** #### **1. Outcome** Both writ applications filed by the petitioners...

**On Procedural Requirements:** The Court noted... **Decision on the Merits:** Despite the procedural... **Direction:** For the case involving the debit of...
Bombay High Court2018WRIT PETITION NO.3142

Avantor Performance Materials India ... vs Union Of India, Through Secretary And ... on 20 March, 2018

Of course. As a Senior GST Legal Analyst, here is a structured summary of the judgment in *Avantor Performance Materials India Ltd. vs. Union of India*. *** ### **Judgment Summary: Avantor Performance Materials India Ltd. & Ors. vs. Union of India** **Date of Judgment:**...

**No Divesting of Vested Rights:** Since the right... **Transitional Provisions are Permissible:** The... **Nexus with Object:** The condition of a 12-month...
Bombay High Court2018WRIT PETITION NO.3142

Evergreen Scamless Pipes And Tubes Pvt. ... vs Union Of India, Through The Secretary ... on 20 March, 2018

As a Senior GST Legal Analyst, here is a structured summary of the judgment in *Evergreen Scamless Pipes And Tubes Pvt. Ltd. vs Union Of India*. *** ### **Judgment Summary** **Title:** Evergreen Scamless Pipes And Tubes Pvt. Ltd. & Ors. vs Union Of India & Ors. **Date of...

**Existing Conditions in Old Law:** The Court noted... **Transitional Provisions are Conditional:** The... **Nexus with Object:** The 12-month condition has a...
Bombay High Court2018WRIT PETITION NO.3142

Jcb India Limited vs Union Of India And 2 Ors on 20 March, 2018

Of course. As a Senior GST Legal Analyst, here is a structured summary of the judgment in *Jcb India Limited vs Union Of India*. *** ### **Judgment Summary: Jcb India Limited vs Union Of India** **1. Outcome** The writ petitions were dismissed. The Bombay High Court upheld...

**Right under Old Law was Not Absolute:** The Court... **Validity of Legislative Policy:** In matters of... **No Violation of Vested Rights:** Since the right...
Bombay High Court2018WRIT PETITION NO.3142

Ratnapprabha Motors vs Union Of India And 2 Ors on 20 March, 2018

Of course. As a Senior GST Legal Analyst, here is a structured summary of the judgment in *Ratnapprabha Motors vs Union Of India And 2 Ors*. *** ### **Judgment Summary: Ratnapprabha Motors vs Union Of India** **1. Outcome** The writ petitions were dismissed. The Bombay...

**Right was Never Absolute:** The right to CENVAT... **Distinction from *Eicher Motors*:** The court... **Rational Nexus:** The condition has a clear nexus...
Bombay High Court2018WRIT PETITION NO.3142

Siddharth Auto Engineers Pvt. Ltd vs Union Of India And 2 Ors on 20 March, 2018

As a Senior GST Legal Analyst, here is a structured summary of the judgment in *Siddharth Auto Engineers Pvt. Ltd vs Union Of India And 2 Ors*. *** ### **1. Outcome** The writ petitions were dismissed. The Bombay High Court upheld the constitutional validity of Section...

**No Vested Right was Taken Away:** Since the right... **Distinguishing Precedents:** The Court... **Rational Nexus and Legislative Wisdom:** In...
Bombay High Court2018WRIT PETITION NO.3142

Suyaan Infrastructure Pvt. Ltd vs Union Of India And 2 Ors on 20 March, 2018

As a Senior GST Legal Analyst, here is a structured summary of the judgment in *Suyaan Infrastructure Pvt. Ltd. & Ors. vs. Union of India & Ors.* *** ### **Judgment Summary: Suyaan Infrastructure Pvt. Ltd vs Union Of India** **Date of Judgment:** 20 March, 2018 **Court:**...

. **Transitional Provisions are Conditional:** The... . **No Arbitrariness:** The 12-month condition is... . **Precedents Distinguished:** The Court...

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