Section 41 of CGST Act

Availment of the input tax credit

{Enforced w.e.f.1-7-2017}

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)

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.

{Substituted by the Finance Act, 2022, w.e.f. 1-10-2022. Prior to its substitution, section 41 read as under:

Claim of Input Tax Credit and Provisional Acceptance Thereof

1. Every registered person shall,

subject to such conditions and restrictions as may be prescribed,

be entitled to take the credit of eligible input tax, as self-assessed,

in his return and such amount shall be credited

on a provisional basis to his electronic credit ledger.

2. The credit referred to in sub-section (1) shall be

utilised only for payment of self- assessed output tax

as per the return referred to in the said sub-section.}