A very detailed discussion of GST Circulars issued on 31.12.2024 | GST Circular No 240 and GST Circular No 241
Whether electronic commerce operator, required to pay tax under section 9(5) of CGST Act, is liable to reverse proportionate input tax credit on his inputs and input services to the extent of supplies made under section 9(5) of the CGST Act.
3.1 From a plain reading of the clause (b) of sub-section (2) of section 16 of the CGST
Act, it is quite apparent that there is no reference of any particular place where goods are
required to be “received” by the registered person. This is in contrast to the erstwhile Central
Excise regime, where the provisions contemplated physical receipt of the goods at the factory
of the manufacturer for taking CENVAT credit on the said goods. In most of the State VAT
Acts, the provisions related to credit of the input tax did not have any explicit mention of
physical receipt of goods at any particular place and input tax credit was allowed on purchase
of goods.
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