Reliance Jio Infocomm Ltd vs Union Of India

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    Madras High Court

    Reliance Jio Infocomm Ltd vs Union Of India

        2026:MHC:925
    
    
    
                                                                                            W.P.Nos.27038 of 2025 etc
    
                                         IN THE HIGH COURT OF JUDICATURE AT MADRAS
    
                                                 RESERVED ON :               09.12.2025
                                                 DELIVERED ON :              05.03.2026
    
                                                                CORAM :
    
                                      THE HONOURABLE MR. MANINDRA MOHAN SHRIVASTAVA,
                                                       CHIEF JUSTICE
                                                           AND
                                         THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN
    
                                           WP Nos.27038 and 28371 of 2025
                            and WMP Nos.30334, 30336, 30338, 30341, 31776, 30330, 30332,
                                    31768, 31770, 31771, 31772 and 31773 of 2025
    
                         W.P.No.27038 of 2025:
    
                         Reliance Jio Infocomm Ltd
                         Rep by its Power of Attorney Holder
                         Kumar Jayaraman
                         5th Floor, No 89 A1 Towers
                         Dr Radhakrishnan Salai, Mylapore
                         Chennai-600 004.
    
                                                                                            Petitioner(s)
                                                                     Vs
    
                         1. Union of India
                            Through the Secretary,
                            Department of Revenue,
                            Ministry of Finance, North Block,
                            New Delhi - 110 001.
    
                         2. State of Tamilnadu
                            Through the Secretary
                            Commercial Taxes and Registration
                            Department, Ezhilagam
                            PWD Estate, Chepauk
                            Chennai - 600 005.
                         ______________
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                         3. Commissioner of Central Tax
                            and Central Excise
                            Audit - I Commissionerate, No 1775
                            Jawaharlal Nehru Inner Ring Road
                            Anna Nagar Western Extension
                            Chennai - 600 101.
    
                                                                                         Respondent(s)
    
    
                         PRAYER: Petition filed under Article 226 of the Constitution of India
                         seeking issuance of:
                         (i) a writ of declaration to declare Rule 39(1)(a) of the Central Goods
                         and Services Tax Act, 2017, as it stands after 01.04.2025, to the
                         extent that it requires ITC to be distributed by an ISD in the same
                         month as the date of the underlying input service invoice, as being
                         manifestly arbitrary and violative of Article 14 of the Constitution;
    
                         (ii) a writ of declaration to declare Rule 39(1)(a) of the Tamil Nadu
                         Goods and Services Tax Act, 2017, as it stands after 01.04.2025, to
                         the extent that it requires ITC to be distributed by an ISD in the same
                         month as the date of the underlying input service invoice, as being
                         manifestly arbitrary and violative of Article 14 of the Constitution;
    
                         (iii) a writ of declaration to declare Rule 39(1)(a) of the Central Goods
                         and Services Tax Act, 2017, as it stood prior to 01.04.2025, to the
                         extent that it required ITC to be distributed by an ISD in the same
                         month as the date of the underlying input service invoice, as being
                         manifestly arbitrary and violative of Article 14 of the Constitution, and
                         ultra vires Section 20 of the Central Goods and Services Tax Act, 2017;
    
                         (iv) a writ of declaration to declare Rule 39(1)(a) of the Tamil Nadu
                         Goods and Services Tax Act, 2017, as it stood prior to 01.04.2025, to
                         the extent that it requires ITC to be distributed by an ISD in the same
                         month as the date of the underlying input service invoice, as being
                         manifestly arbitrary and violative of Article 14 of the Constitution and
                         ultra vires Section 20 of the Central Goods and Services Tax Act, 2017;
                         and
    
                         (v) a writ of certiorari to call for the records and proceedings relating
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                         to the impugned Show Cause Notice No.216/2025-AUDIT I, dated
                         27.06.2025 issued by the Respondent No.3 to the petitioner herein
                         and quash the same as illegal.
    
    
                                      For Petitioner(s):      Mr.Arvind P Datar
                                                              Senior Counsel
                                                              for Mr.Rahul Unnikrishnan
    
                                      For Respondent(s):Mr.AR.L.Sundaresan
                                                        Additional Solicitor General of India
                                                        Assisted by Ms.Revathi Manivannan
                                                        Senior Standing Counsel
                                                        for R1 and R3
    
                                                              Mr.Haja Nazirudeen
                                                              Additional Advocate General
                                                              Assisted by Mr.V.Prashanth Kiran
                                                              Government Advocate
                                                              for R2
    
    
                         WP No.28371 of 2025:
    
                         Reliance Jio Infocomm Ltd
                         Rep by its Power of Attorney Holder
                         Kumar Jayaraman
                         Having its office at 145
                         Muthumariamman Koil Street
                         Puducherry - 605 009.
    
                                                                                           Petitioner(s)
    
                                                                    Vs
    
                         1. Union of India
                            Through the Secretary,
                            Department of Revenue,
                            Ministry of Finance, North Block,
                            New Delhi - 110 001.
    
                         ______________
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                         2. Government of Puducherry
                            Through the Secretary
                            Commercial Taxes Department
                            Government of Puducherry
                            100 feet Road Ellapillaichavady
                            Pondicherry – 605005.
    
                         3. Commissioner of Central Tax
                            and Central Excise
                            Audit I Commissionerate
                            No.1775, Jawaharlal Nehru
                            Inner Ring Road, Anna Nagar
                            Western Extension
                            Chennai - 600 101
    
                                                                                         Respondent(s)
    
    
                         PRAYER: Petition filed under Article 226 of the Constitution of India
                         seeking issuance of:
                         (i) a writ of declaration to declare Rule 39(1)(a) of the Central Goods
                         and Services Tax Act, 2017, (CGST Act) as it stands after 01.04.2025,
                         to the extent that it requires ITC to be distributed by an ISD in the
                         same month as the date of the underlying input service invoice, as
                         being manifestly arbitrary and violative of Article 14 of the
                         Constitution;
    
                         (ii) a writ of declaration to declare Rule 39(1)(a) of the Puducherry
                         Goods and Services Tax Act, 2017 (PUGST Act), as it stands after
                         01.04.2025, to the extent that it requires ITC to be distributed by an
                         ISD in the same month as the date of the underlying input service
                         invoice, as being manifestly arbitrary and violative of Article 14 of the
                         Constitution;
    
                         (iii) a writ of declaration to declare Rule 39(1)(a) of the Central Goods
                         and Services Tax Act, 2017, as it stood prior to 01.04.2025, to the
                         extent that it required ITC to be distributed by an ISD in the same
                         month as the date of the underlying input service invoice, as being
                         manifestly arbitrary and violative of Article 14 of the Constitution, and
                         ultra vires Section 20 of the Central Goods and Services Tax Act, 2017;
    
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                         (iv) a writ of declaration to declare Rule 39(1)(a) of the Puducherry
                         Goods and Services Tax Act, 2017, as it stood prior to 01.04.2025, to
                         the extent that it requires ITC to be distributed by an ISD in the same
                         month as the date of the underlying input service invoice, as being
                         manifestly arbitrary and violative of Article 14 of the Constitution, and
                         ultra vires Section 20 of the Puducherry Goods and Services Tax Act,
                         2017; and
                         (v) a writ of certiorari to call for the records and proceedings relating
                         to the impugned Show Cause Notice No.185/2025-AUDIT I, dated
                         26.06.2025 issued by the Respondent No.3 to the petitioner herein
                         and quash the same as illegal.
    
    
                                          For Petitioner(s):      Mr.Arvind P Datar
                                                                  Senior Counsel
                                                                  for Mr.Rahul Unnikrishnan
    
                                          For Respondent(s):Mr.Su.Srinivasan
                                                            Senior Central Government
                                                            Standing Counsel
                                                            for R1 and R3
    
                                                                  Mr.S.Raveekumar
                                                                  Government Pleader (Pondy)
                                                                  assisted by
                                                                  Mr.V.Vasantha Kumar
                                                                  Additional Government Pleader (Pondy)
                                                                  for R2
    
    
                                                            COMMON ORDER
    
    

    THE CHIEF JUSTICE

    In W.P.No.27038 of 2025, the challenge is to the validity of

    SPONSORED

    Rule 39(1)(a) of the Central Goods and Services Tax Rules, 2017

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    and Rule 39(1)(a) of the Tamil Nadu Goods and Services Tax Rules,

    2017 in respect of two periods, viz., prior to 01.04.2025 and

    thereafter, as 01.04.2025 is the date on which the amendments to

    Section 20 of the Central Goods and Services Tax Act, 2017 and the

    Tamil Nadu Goods and Services Tax Act, 2017 were brought into

    effect. The petitioner also sought quashment of the show cause

    notice dated 27.6.2025.

    2. In W.P.No.28371 of 2025, the petitioner calls into question

    the validity of Rule 39(1)(a) of the Central Goods and Services Tax

    Rules, 2017 and Rule 39(1)(a) of the Puducherry Goods and

    Services Tax Rules, 2017 in respect of two periods, viz., prior to

    01.04.2025 and thereafter, as 01.04.2025 is the date on which the

    amendments to Section 20 of the Central Goods and Services Tax

    Act, 2017 and the Puducherry Goods and Services Tax Act, 2017

    were brought into effect. The petitioner also prayed for setting

    aside the show cause notice dated 26.6.2025.

    3. As the provisions under challenge in both the writ petitions

    are one and the same, we shall take up W.P.No.27038 of 2025 as
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    lead case to decide the issues raised.

    4.1. An apércu of the facts relevant reads thus: The

    petitioner, a company incorporated under the Companies Act,

    1956, is engaged in the business of providing telecommunication

    services and was granted separate GST registrations in each State

    and Union Territory from where it supplies telecommunication

    services. According to the petitioner, each such registration is

    treated as a distinct person.

    4.2. It is averred that the CGST/TNGST laws provide for a

    concept of Input Service Distributor (ISD) and in cases where an

    assessee has several units and there are common service providers,

    it is necessary that the credit in respect of input services is

    distributed so that the entire credit is not taken by the Head Office

    alone. The Input Tax Credit (ITC), as per law, is to be distributed

    pro rata on the basis of turnover of the individual units in the

    preceding financial year. As each branch office in a State has to be

    separately registered, the petitioner has 36 registrations in almost

    all the States/Union Territories.

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    4.3. It is stated that before 01.04.2025, Section 20 of the

    CGST Act did not empower the Central Government to prescribe the

    time limit within which the ISD was required to distribute credit.

    The power to do so was introduced with effect from 01.04.2025 by

    insertion of the phrase “within such time and subject to such

    restrictions and conditions as may be prescribed” in Section 20(2)

    of the CGST Act. It is further stated that, as per the said

    amendment, ITC has to be distributed by an ISD in the same month

    as the date of the underlying input service invoice.

    4.4. The plea of the petitioner is that, for the period prior to

    01.04.2025, respondent Nos.2 and 3 do not have the power to

    prescribe a time limit for distribution of ITC by an ISD unit and,

    therefore, the provisions of Rule 39(l)(a) of the CGST Rules/TNGST

    Rules purportedly stipulating that the ITC has to be distributed in

    the same month as the month in which the underlying input service

    invoice was issued, are beyond the scope and powers vested by the

    parent legislation.

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    4.5. It is the further case of the petitioner that the purported

    stipulation that ITC has to be distributed in the same month as the

    month in which the underlying input service was issued is not only

    impossible to fulfill, but also arbitrary and unreasonable, as the ISD

    is not only required to determine to which recipient unit the input

    service invoice is attributable to, but also whether the said input

    service invoice pertains to eligible credit or ineligible credit and

    whether the conditions under the CGST Act/TNGST Act have been

    fulfilled qua such invoices. When Section 16(4) of the CGST

    Act/TNGST Act stipulates a time limit of around November of the

    financial year subsequent to the financial year in which the invoice

    was issued, any stipulation that the distribution must happen

    forthwith is unreasonable and arbitrary.

    4.6. It is further averred that the show cause notice dated

    27.6.2025, which pertains to the financial years 2018-2019 to

    2023-2024, is unsustainable and without jurisdiction as Rule 39(1)

    (a) of the Rules has been substituted with effect from 1.4.2025,

    without a savings clause.

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    4.7. In such factual backdrop, the present writ petition is filed

    for the relief stated supra.

    5.1. Mr.Arvind P. Datar, learned Senior Counsel appearing on

    behalf of the petitioners, submitted that:

    a) Though the government was empowered to prescribe a

    time limit for distribution of ITC in terms of Section 20 of the

    CGST Act/TNGST Act, the time limit could not have been the

    same month as the month in which the invoice was issued

    by the supplier, as it is impossible to be complied with,

    rendering it manifestly arbitrary and ultra vires Article 14 of

    the Constitution of India;

    b) The amendment to Section 20 of the CGST Act/TNGST

    Act can apply only prospectively, as it is a settled proposition

    of law that an amendment is prospective, unless expressly

    stated to be retrospective. By fixing a time limit, a

    substantive change has been brought in by the government

    and, by no stretch of imagination, the amendment could be

    termed as “clarificatory” to apply retrospectively;

    c) It is impossible to distribute the ITC without ensuring
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    compliance of the conditions stipulated under Section 16 of

    the Act. Moreover, the assessee needs to ascertain as to

    which unit the input service in question was attributable to,

    before applying the distribution formula prescribed under

    Section 20 of the Act read with Rule 39 of the Rules. The

    entire exercise is time consuming and practically impossible

    of compliance;

    d) Rule 39(1)(a) has to be read down and the phrase

    “available for distribution” employed therein is to be

    interpreted to mean when the conditions under Section 16 of

    the Act have been fulfilled. In other words, the expression

    in Section 20(1) of the Act, viz., “input service distributor

    shall distribute the credit” (prior to amendment) and the

    expression “shall distribute the input tax credit” (after

    amendment) should be interpreted to mean the credit

    fulfilling the requirements of Section 16(2) of the Act. The

    entitlement to ITC arises only when the conditions of Section

    16 of the Act are satisfied;

    e) If the credit is distributed as per the invoice, the

    assessee has to suffer adverse consequences, including
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    liability for interest and penalty under Section 21 read with

    Sections 73 and 74 of the Act. The assessee cannot be

    compelled to distribute the credit first and reverse it at a

    later date, making it liable for interest and penalty;

    f) There is no revenue loss if the distribution is done in a

    month after the month of issuance of invoice and, in any

    event, it is to the taxpayer’s detriment to delay distribution,

    in as much as the undistributed credit cannot be set-off

    against output liability till it is distributed; and

    g) By way of illustration, it is put forth that it is the ISD

    which has to segregate eligible and ineligible ITC and

    distribute them and in a case where the GST invoice is

    issued on 30th of a month, it is impossible to distribute

    through ISD invoice on the same day or the next day and,

    thus, the rule violates Article 19(1)(g) of the Constitution by

    imposing unreasonable restrictions on the right to carry on

    business.

    5.2. Learned Senior Counsel relied upon a decision of the

    Supreme Court in the case of Sales Tax Officer Ponkunnam and
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    another v. K.I.Abraham1, wherein Rule 6 of the Central Sales Tax

    (Kerala) Rules, 1957 was struck down as being ultra vires Section 8

    of the Central Sales Tax Act, as the parent provision did not

    empower prescription of a time limit. He added that the said

    judgment is squarely applicable to the case in hand.

    6.1. Mr.AR.L.Sundaresan, learned Additional Solicitor General

    of India appearing on behalf of respondent Nos.1 and 3, submitted

    that:

    (a) Rule 39(1)(a) of the Central Goods and Services Tax

    Rules, 2017 has been validly framed in exercise of the rule-

    making power conferred under Section 164 of the CGST Act,

    2017, read with Section 20 of the CGST Act, which

    empowers the Government to prescribe the manner of

    distribution of ITC by ISD. The rule operates within the

    statutory framework and is a necessary supplement to the

    substantive provisions of the Act. Therefore, challenge to

    the constitutional validity of the said Rule falls flat. The

    same-month distribution requirement is neither impossible

    1
    AIR 1967 SC 1823
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    nor arbitrary, and serves the legitimate purpose of

    maintaining the integrity of the GST system and preventing

    revenue leakage;

    (b) The amendment to Section 20(2) of the CGST Act with

    effect from 01.04.2025, inserting the phrase “within such

    time and subject to such restrictions and conditions as may

    be prescribed” is only a clarificatory amendment and clarifies

    what was already in Section 20 of the Act and validates the

    existing Rule 39(1)(a) of the Rules. The amendment makes

    explicit what was always implicit in the power to prescribe

    “manner” of distribution. Rule 39(1)(a) is a procedural rule

    prescribing the timeline for distribution of ITC by ISD, which

    directly carries out the provisions of Section 20 of the Act.

    The Rule does not create any new liability or right

    independent of the Act, but merely operationalizes the ITC

    distribution mechanism contemplated under Section 20 of

    the Act. The fact that Parliament found it necessary to insert

    this phrase demonstrates that the power to prescribe time

    limits was intended to be part of the rule-making authority

    from the inception of the Act. The rule is ancillary and
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    subservient to the main provisions of the Act and does not

    travel beyond the scope of the enabling statute;

    (c) The classification created by Rule 39(1)(a) of the Rules

    between ISD recipients and other registered persons is

    founded on intelligible differentia having rational nexus with

    the object sought to be achieved. The ISD mechanism

    addresses the unique situation of entities having multiple

    GSTIN registrations under the same PAN, requiring a

    specialized mechanism for equitable distribution of common

    Input Tax Credit. ISDs are centralized distribution hubs, not

    end-users of credit. This fundamental difference justifies

    separate treatment. That apart, the same-month

    distribution requirement has rational nexus with the

    legislative objects of (a) preventing accumulation of credit in

    ISD registrations; (b) ensuring actual recipient units receive

    credit contemporaneously with invoices within the same

    timelines; (c) preventing manipulation through delayed

    distribution; (d) maintaining audit trail integrity: and (e)

    facilitating destination-based taxation principle under GST.

    Mere centralisation of invoicing and distribution of Credit by
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    the ISD cannot change this basic receipt of credit by the

    actual receiver of service within a time limit. Therefore, the

    rule does not violate Article 14 of the Constitution of India;

    (d) Rule 39(1)(a) of the Rules does not violate the

    fundamental right to carry on trade or business under Article

    19(1)(g) of the Constitution. Input Tax Credit is a statutory

    benefit, not an absolute right, and can be regulated through

    conditions prescribed by law. The procedural requirements

    do not prohibit business activities, but merely regulate the

    manner of claiming tax benefits. The restrictions imposed

    under Rule 39(1)(a) of the Rules are reasonable restrictions

    in the interest of general public and for maintaining integrity

    of the tax system. They are designed to ensure proper

    administration of GST law, prevent revenue leakage, and

    facilitate audit and verification processes and, hence, there

    is no violation of Article 19(1)(g) of the Constitution of

    India;

    (e) ISD distribution is not the same as “taking” or

    “availing” input tax credit under Section 16 of the CGST Act.

    It is merely an internal accounting adjustment, a book entry
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    transferring credit from the ISD registration to recipient

    registrations under the same PAN. Petitioner is seeking to

    mix up this distribution of credit with actual availment of

    credit. The conditions under Section 16(2) of the Act are

    relevant only when the Branch GSTIN registrations to whom

    it is distributed avails or takes the credit, not when ISD

    distributes the credit to its branches. Therefore, the

    argument advanced by the petitioners that conditions

    stipulated under Section 16(2) of the Act must be verified

    before each distribution is off beam and misunderstands the

    fundamental nature of ISD mechanism;

    (f) Section 16(4) of the Act CGST has no application to

    ISD distribution time limit. The said provision deals with the

    outer time limit for actual recipient registered person to

    claim ITC in their books and returns. It has no connection

    whatsoever with the ISD’s obligation to distribute credit in

    the same month as the invoice under Rule 39(1)(a) of the

    Rules. The petitioner’s attempt to conflate Section 16(4) of

    the CGST Act dealing with availment of credit by recipient

    with Rule 39(1)(a) of the CGST Rules dealing with
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    distribution by ISO is a deliberate attempt to create

    confusion and must be rejected outright;

    (g) The show cause notice dated 27.06.2025 is based on

    detailed audit findings covering financial years 2018-19 to

    2023-24. The audit was conducted under Section 65 of the

    CGST Act and revealed systematic contraventions by the

    petitioner in ISD credit distribution. The petitioner failed to

    provide complete GSTR-6 calculations and inward supply

    invoice details to substantiate ISD credit entitlement. This

    lack of cooperation and transparency during audit

    proceedings further demonstrates that the contraventions

    were not mere inadvertent errors, but part of a systematic

    pattern.

    (h) In any event, the present writ petition is premature

    and not maintainable as the show cause notice is still

    pending adjudication. The petitioner has adequate

    opportunity to raise all contentions, both factual and legal,

    in the statutory proceedings before the adjudicating

    authority. Under the guise of constitutional challenge to

    statutory rules, which is without substance, petitioner
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    cannot bypass statutory remedies without the petitioner first

    demonstrating that such remedies are inadequate or would

    cause irreparable harm.

    6.2. Placing reliance upon a decision of the Supreme Court in

    Jayam & Co. v. Assistant Commissioner 2, wherein it is held that

    procedural conditions for availing tax benefits are within legislative

    competence and do not violate fundamental rights if they are

    reasonable and serve legitimate policy objectives, it is submitted

    that the same-month distribution requirement under Rule 39(1)(a)

    of the Rules is a reasonable procedural condition serving the

    legitimate objectives of revenue protection and prevention of fraud.

    6.3. Reliance is also placed on a decision in the case of Union

    of India v. VKC Footsteps India Pvt Ltd 3, wherein it is categorically

    held that ITC is a statutory benefit subject to conditions prescribed

    by law. The conditions cannot be termed as unreasonable merely

    because they require diligent compliance by taxpayers. This

    principle fully supports the validity of Rule 39(1)(a) of the Rules,
    2
    (2016) 15 SCC 125
    3
    (2022) 2 SCC 603
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    which prescribes a reasonable timeline for ISD credit distribution.

    6.4. Relying on the decision of the Supreme Court in ALD

    Automotive Pvt Ltd. v. The Commercial Tax Officer and Ors. 4,

    wherein the validity and mandatory nature of time limits for

    claiming ITC was upheld, it is submitted that the said judgment is

    squarely applicable to Rule 39(1)(a) of the Rules, which prescribes

    same-month distribution timeline for ISD credit distribution.

    7. Learned counsel for the second respondent in W.P.No.27038

    of 2025 adopted the arguments advanced by learned Additional

    Solicitor General of India.

    8. Learned counsel for the respondents in W.P.No.28371 of

    2025 also advanced arguments on the same lines.

    9. We have bestowed our anxious consideration to the

    arguments advanced by learned counsel on either side.

    4
    (2019) 13 SCC 225
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    ANALYSIS & CONCLUSION

    10. The pivotal issue arising for consideration is whether the

    statutory mandate engrafted in Rule 39(1)(a) of the CGST Rules is

    ultra vires the enabling Act and whether the legal requirement of

    distribution of credit by the distributor in the same month of receipt

    of invoice is manifestly arbitrary and violative of Article 14 of the

    Constitution of India.

    11. In W.P.No.27038 of 2025, the impugned show cause

    notice only to the extent it alleges contravention of Section 20 of

    the CGST Act read with Rule 39(1)(a) of the CGST Rules is under

    challenge. The other issues raised in the show cause notice are not

    subject matter of the petition.

    12. In W.P.No.28371 of 2025, the entire show cause notice is

    under challenge as it alleges contravention of the provisions relating

    to distribution of credit on the ground that the distribution has not

    taken place in the same month in which invoices are received.

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    13.1. The show cause notice in W.P.No.27038 of 2025 alleges

    contravention on the statement that, on verification of auto

    populated details of invoices in GSTR2A of the taxpayer during the

    period 2020-21 and 2022-23, it was noticed that in respect of

    certain ISD invoices the “ITC eligible Yes/ No” column has been

    marked as “No”. That means ITC against such invoices is not

    eligible. As per auto populated details in GSTR2A, as alleged, the

    taxpayer has availed excess ISD credit than the eligible ITC that is

    available as per the table shown therein.

    13.2. It is further stated that on verification of the ISD credit

    details for the Chennai ISD as per GSTR-6 as submitted, it was

    noticed that the tax payer has declared availability of credit of

    Rs.51,55,243/- (IGST) based on receipt from GSTINs of other than

    Tamil Nadu State having Permanent Account Number (PAN).

    Therefore, it is alleged that such credit amounts have been shown

    as received for distribution against the inward supply invoices which

    have been issued by the taxpayer having same PAN registration in

    States other than Tamil Nadu along with the details therein.
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    13.3. What is further stated is that, on verification of the

    details of ISD credit submitted by the taxpayer said to be related to

    the ISD with the GSTR-2A submitted by the taxpayer, they were

    requested to furnish details of total ISD credit availed by them,

    including other details of original supply invoices / calculations /

    availability of credit with ISD, etc. It is then alleged that the

    taxpayer selectively furnished ISD credit details in excel format with

    corresponding GSTR-6A data and sample ISD invoices on a random

    basis, for ISD credit received during subject tax period from

    Chennai ISD and Maharashtra ISD.

    13.4. It is also alleged that, on verification of the details and

    sample ISD invoices furnished by the taxpayer, it is found that the

    ITC availed by the taxpayer based was on the invoices which were

    not issued by the Input Service Distributor(s) in the same month of

    receipt of original inward supply invoice, which, according to the

    respondents, is contrary to the provisions laid down for such

    transfer of credit, followed by details.

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    13.5. Having quoted provisions contained in Sections 20 and

    21 of the CGST Act and Rules 39 and 54 of the CGST Rules, 2017,

    the impugned show cause notice states thus:

    “2.5.3.1. Section 20 of the CGST Act, 2017 provides
    for the manner of distribution of ISD credit and
    Section 20(2)(b) states that the amount of credit
    distributed shall not exceed the amount of credit
    available for distribution. Rule 39 of Che CGST Act,
    2017 provides for the procedure for distribution of
    the ISD credit. Rule 39(l)(a) of CGST Rules, 2017
    clearly states that the ITC available for distribution in
    a month shall be distributed in the same month.
    Therefore, it appears that only such of those credit
    which are available during the month for the Input
    Service distributor can be distributed during that
    month. In the instant case, it appears that the credit
    received from the Input Service Distributor appears
    to contain credit relating to the earlier months, which
    is totally contradictory and in contravention to the
    provisions of Section 20 of CGST Act, 2017 read with
    Rule 39 of the CGST Rules, 2017.”

    13.6. Thus, what has been alleged in the show cause notice is

    that in the matter of distribution of credits available in a particular
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    month, distribution was not made in the same month as mandated

    in Rule 39(1)(a) of the CGST Rules.

    14. In W.P.No.28371 of 2025 also identical allegations have

    been made. It is stated that the legal mandate engrafted in Rule

    39(1)(a) of the Rules qua distribution of credit has been

    contravened, as the same was not distributed by the distributor to

    respective branch having separate registration in the same month

    of receipt of invoice.

    15. Thus, in both the cases, on such allegation, it has been

    stated that the petitioners have sought to wrongly avail ITC of the

    distributed credit.

    STATUTORY SCHEME WITH REGARD TO ENTITLEMENT AND
    AVAILMENT OF INPUT TAX CREDIT

    16. In the legal regime of the CGST Act, 2017, tax in the

    nature of goods and service tax is leviable in accordance with the

    provisions under Section 9 of the CGST Act providing for levy as

    well as collection of goods and service tax.
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    17. Chapter V deals with ITC and contains various provisions

    providing for eligibility and conditions for taking ITC.

    18. The definitions of the expressions “input”, “input service”,

    “input tax” and “input tax credit” were noticed by the Apex Court in

    the case of Union of India v. VKC Footsteps India Pvt Ltd (supra) as

    under:

    “60. The definition of the expression ‘input’ is
    contained in Section 2(59) which reads thus:

    “2. (59) ‘input’ means any goods other than
    capital goods used or intended to be used by a
    supplier in the course or furtherance of
    business;”
    The expression ‘input’ is thus defined to mean goods
    other than capital goods. The definition, however,
    incorporates a requirement of use, actual or intended,
    by a supplier or in the course or furtherance of
    business.

    61. ‘Input service’ is defined in Section 2(60) as
    follows:

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    “2. (60) ‘input service’ means any service used
    or intended to be used by a supplier in the
    course or furtherance of business;”
    The definition of “input service” is parallel to that of
    “input”, with the important distinction that while
    “input” is defined with reference to “any goods”, “input
    service” is defined in relation to “any service”. Both
    sets of definitions incorporate the further requirement
    of use or intended use by a supplier in the course or
    furtherance of business.

    62. The expression “input tax” is defined in Section
    2(62)
    :

    “2. (62) “input tax” in relation to a registered
    person, means the Central tax, State tax,
    integrated tax or Union Territory tax charged
    on any supply of goods or services or both
    made to him and includes—

    (a) the integrated goods and services tax
    charged on import of goods;

    (b) the tax payable under the provisions of
    sub-sections (3) and (4) of Section 9;

    (c) the tax payable under the provisions of
    sub-sections (3) and (4) of Section 5 of the
    Integrated Goods and Services Tax Act;

    (d) the tax payable under the provisions of
    sub-sections (3) and (4) of Section 9 of the
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    respective State Goods and Services Tax Act;
    or

    (e) the tax payable under the provisions of
    sub-sections (3) and (4) of Section 7 of the
    Union Territory Goods and Services Tax Act,

    but does not include the tax paid under the
    composition levy;”

    The expression “input tax” in relation to a registered
    person means (i) the Central, State, Integrated or
    Union Territory tax; (ii) charged on any supply of
    goods or services or both made to a registered person.

    This is followed by an inclusive definition.

    63. The expression “input tax credit” is defined in
    Section 2(63):

    “2. (63) “input tax credit” means the credit of
    input tax;”
    Evidently, since input tax credit means the credit on
    input tax, the definition of the expression “input tax”
    has to be read into Section 2(63) in understanding the
    ambit of the expression “input tax credit”. Now, input
    tax is the tax charged on the supply of goods or
    services or both.”

    19. Under the CGST Act, eligibility and conditions for taking

    ITC have been provided under Section 16 of the Act as below:

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    “16. Eligibility and conditions for taking input tax
    credit.

    (1) Every registered person shall, subject to such
    conditions and restrictions as may be prescribed and in
    the manner specified in section 49, be entitled to take
    credit of input tax charged on any supply of goods or
    services or both to him which are used or intended to
    be used in the course or furtherance of his business
    and the said amount shall be credited to the electronic
    credit ledger of such person.

    (2) Notwithstanding anything contained in this section,
    no registered person shall be entitled to the credit of
    any input tax in respect of any supply of goods or
    services or both to him unless,-

    (a) he is in possession of a tax invoice or debit
    note issued by a supplier registered under this
    Act, or such other tax paying documents as
    may be prescribed;

    (aa) the details of the invoice or debit note
    referred to in clause (a) has been furnished by
    the supplier in the statement of outward
    supplies and such details have been
    communicated to the recipient of such invoice

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    or debit note in the manner specified under
    section 37;

    (b) he has received the goods or services or
    both.

    Explanation.- For the purposes of this clause, it shall
    be deemed that the registered person has received the
    goods or, as the case may be, services-

    (i) where the goods are delivered by the
    supplier to a recipient or any other person on
    the direction of such registered person,
    whether acting as an agent or otherwise,
    before or during movement of goods, either by
    way of transfer of documents of title to goods
    or otherwise;

    (ii) where the services are provided by the
    supplier to any person on the direction of and
    on account of such registered person;

    (ba) the details of input tax credit in respect of
    the said supply communicated to such
    registered person under section 38 has not
    been restricted;

    (c) subject to the provisions of section 41, the

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    tax charged in respect of such supply has been
    actually paid to the Government, either in cash
    or through utilisation of input tax credit
    admissible in respect of the said supply; and

    (d) he has furnished the return under section
    39
    :

    PROVIDED that where the goods against an invoice are
    received in lots or instalments, the registered person
    shall be entitled to take credit upon receipt of the last
    lot or instalment:

    PROVIDED FURTHER that where a recipient fails to pay
    to the supplier of goods or services or both, other than
    the supplies on which tax is payable on reverse charge
    basis, the amount towards the value of supply along
    with tax payable thereon within a period of one
    hundred and eighty days from the date of issue of
    invoice by the supplier, an amount equal to the input
    tax credit availed by the recipient shall be paid by him
    along with interest payable under section 50, in such
    manner as may be prescribed:

    PROVIDED ALSO that the recipient shall be entitled to
    avail of the credit of input tax on payment made by
    him to the supplier of the amount towards the value of

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    supply of goods or services or both along with tax
    payable thereon.

    (3) Where the registered person has claimed
    depreciation on the tax component of the cost of
    capital goods and plant and machinery under the
    provisions of the Income tax Act, 1961 (43 of 1961),
    the input tax credit on the said tax component shall
    not be allowed.

    (4) A registered person shall not be entitled to take
    input tax credit in respect of any invoice or debit note
    for supply of goods or services or both after the
    thirtieth day of November following the end of financial
    year to which such invoice or debit note pertains or
    furnishing of the relevant annual return, whichever is
    earlier.

    PROVIDED that the registered person shall be entitled
    to take input tax credit after the due date of furnishing
    of the return under section 39 for the month of
    September, 2018 till the due date of furnishing of the
    return under the said section for the month of March,
    2019 in respect of any invoice or invoice relating to
    such debit note for supply of goods or services or both
    made during the financial year 2017-18, the details of
    which have been uploaded by the supplier under

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    subsection (1) of section 37 till the due date for
    furnishing the details under sub-section (1) of said
    section for the month of March, 2019.

    (5) Notwithstanding anything contained in sub-section
    (4), in respect of an invoice or debit note for supply of
    goods or services or both pertaining to the Financial
    Years 2017- 18, 2018-19, 2019-20 and 2020-21, the
    registered person shall be entitled to take input tax
    credit in any return under section 39 which is filed upto
    the thirtieth day of November, 2021.

    (6) Where registration of a registered person is
    cancelled under section 29 and subsequently the
    cancellation of registration is revoked by any order,
    either under section 30 or pursuant to any order made
    by the Appellate Authority or the Appellate Tribunal or
    court and where availment of input tax credit in
    respect of an invoice or debit note was not restricted
    under sub-section (4) on the date of order of
    cancellation of registration, the said person shall be
    entitled to take the input tax credit in respect of such
    invoice or debit note for supply of goods or services or
    both, in a return under section 39,––

    (i) filed upto thirtieth day of November
    following the financial year to which such

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    invoice or debit note pertains or furnishing of
    the relevant annual return, whichever is
    earlier; or

    (ii) for the period from the date of cancellation
    of registration or the effective date of
    cancellation of registration, as the case may
    be, till the date of order of revocation of
    cancellation of registration, where such return
    is filed within thirty days from the date of
    order of revocation of cancellation of
    registration, whichever is later.”

    20. On a bare reading of the provisions contained in Section

    16(2) of the Act, it is clear that no registered person shall be

    entitled to the credit of any input tax in respect of any supply of

    goods or services or both to him, unless the conditions prescribed in

    Clauses (a), (aa), (b), (ba), (c) and (d) are fulfilled.

    21. Importantly, receipt of notice is only the first step which

    necessarily has to follow fulfillment of other conditions.

    22. In the case of Union of India v. VKC Footsteps India Pvt

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    Ltd (supra), in the matter of challenge to the validity of the

    statutory scheme of refund of unutilised ITC, after having referred

    to the provision contained in Section 16 of the CGST Act, it was held

    as follows:

    “70. Section 16(2) indicates that the credit of input
    tax charged on any supply of goods or services, or
    both, can be availed of by a registered person
    subject to the conditions which are set out in the
    provisos. Input tax, as we have already seen, has
    been defined in Section 2(62) as tax charged on any
    supply of goods or services or both. The credit of
    input tax is, therefore, relatable both to the supply of
    goods and services. Whether tax is paid on the
    supply of goods or services, the recipients receive
    ITC in a similar manner. Taxes on goods and
    services are identifiable, but upon credit to the
    electronic ledger they form a common pool for
    utilisation.”

    23. It is thus clear that the credit of input tax charged on any

    goods or services or both can be availed by a registered person

    subject to the conditions which are set out in the provisions.

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    24.1. In the case of ALD Automotive Pvt Ltd. v. The

    Commercial Tax Officer and Ors (supra), it was held that the input

    credit is in the nature of benefit/concession extended to the dealer

    under the statutory scheme and that concession can be received by

    the beneficiary only as per the scheme of the statute. It was held

    as below:

    “34. The input credit is in the nature of
    benefit/concession extended to the dealer under the
    statutory scheme. The concession can be received by
    the beneficiary only as per the scheme of the statute.
    Reference is made to the judgment of this Court
    in Godrej & Boyce Mfg. Co. (P) Ltd. v. CST, (1992) 3
    SCC 624. Rules 41 and 42 of the Bombay Sales Tax
    Rules, 1959 provided for the set-off of the purchase
    tax. This Court held that the rule-making authority can
    provide curtailment while extending the concession. In
    para 9 of the judgment, the following has been laid
    down: (SCC pp. 631-32)

    ‘9. In law (apart from Rules 41 and 41-A) the
    appellant has no legal right to claim set-off of
    the purchase tax paid by him on his purchases
    within the State from out of the sales tax
    payable by him on the sale of the goods
    manufactured by him. It is only by virtue of
    the said Rules—which, as stated above, are
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    conceived mainly in the interest of public—that
    he is entitled to such set-off. It is really a
    concession and an indulgence. More
    particularly, where the manufactured goods
    are not sold within the State of Maharashtra
    but are despatched to out-State branches and
    agents and sold there, no sales tax can be or
    is levied by the State of Maharashtra. The
    State of Maharashtra gets nothing in respect of
    such sales effected outside the State. In
    respect of such sales, the rule-making
    authority could well have denied the benefit of
    set-off. But it chose to be generous and has
    extended the said benefit to such out-State
    sales as well, subject, however to deduction of
    one per cent of the sale price of such goods
    sent out of the State and sold there. We fail to
    understand how a valid grievance can be made
    in respect of such deduction when the very
    extension of the benefit of set-off is itself a
    boon or a concession. It was open to the rule-
    making authority to provide for a small
    abridgement or curtailment while extending a
    concession. Viewed from this angle, the
    argument that providing for such deduction
    amounts to levy of tax either on purchases of
    raw material effected outside the State or on

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    sale of manufactured goods effected outside
    the State of Maharashtra appears to be beside
    the point and is unacceptable. So is the
    argument about apportioning the sale-price
    with reference to the proportion in which raw
    material was purchased within and outside the
    State.’”

    24.2. In the said decision, the fulfillment of preconditions for

    availing concession was held to be mandatory relying upon another

    decision in the case of India Agencies v. CCT5, as below:

    “35. A three-Judge Bench in India Agencies v. CCT,
    (2005) 2 SCC 129 had the occasion to consider Rule
    6(b)(ii) of the Central Sales Tax (Karnataka) Rules,
    1957, which requires furnishing of original Form C to
    claim concessional rate of tax under Section 8(1). This
    Court held that the requirement under the Rule is
    mandatory and without producing the specified
    documents, dealers cannot claim the benefits. The
    following was laid down in para 13: (SCC pp. 139-140)

    ‘13. … Under Rule 6(b)(ii) of the Karnataka
    Rules, the State Government has prescribed
    the procedures to be followed and the
    documents to be produced for claiming
    concessional rate of tax under Section 8(4) of
    (2005) 2 SCC 129
    5

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    the Central Sales Tax Act. Thus, the dealer has
    to strictly follow the procedure and Rule 6(b)

    (ii) and produce the relevant materials
    required under the said rule. Without
    producing the specified documents as
    prescribed thereunder a dealer cannot claim
    the benefits provided under Section 8 of the
    Act. Therefore, we are of the opinion that the
    requirements contained in Rule 6(b)(ii) of the
    Central Sales Tax (Karnataka) Rules, 1957 are
    mandatory.’”

    24.3. The other legal proposition of law that taxing statute is

    to be interpreted literally and further it is in the domain of the

    legislature as to how much tax credit is to be given and under what

    circumstances was also clearly stated as below:

    “36. This Court had the occasion to consider the
    Karnataka Value Added Tax Act, 2013 in State of
    Karnataka v. M.K. Agro Tech
    . (P) Ltd., (2017) 16 SCC

    210. This Court held that it is a settled proposition of
    law that taxing statutes are to be interpreted literally
    and further it is in the domain of the legislature as to
    how much tax credit is to be given under what
    circumstances. The following was stated in para 32:

    (SCC p. 223)

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    ‘32. Fourthly, the entire scheme of the KVAT
    Act
    is to be kept in mind and Section 17 is to
    be applied in that context. Sunflower oil cake
    is subject to input tax. The legislature,
    however, has incorporated the provision, in the
    form of Section 10, to give tax credit in
    respect of such goods which are used as
    inputs/raw material for manufacturing other
    goods. Rationale behind the same is simple.
    When the finished product, after manufacture,
    is sold, VAT would be again payable thereon.
    This VAT is payable on the price at which such
    goods are sold, costing whereof is done
    keeping in view the expenses involved in the
    manufacture of such goods plus the profits
    which the manufacturer intends to earn.
    Insofar as costing is concerned, element of
    expenses incurred on raw material would be
    included. In this manner, when the final
    product is sold and the VAT paid, component
    of raw material would be included again.
    Keeping in view this objective, the legislature
    has intended to give tax credit to some extent.
    However, how much tax credit is to be given
    and under what circumstances, is the domain
    of the legislature and the courts are not to
    tinker with the same.’”

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    24.4. Interpreting similar provision with regard to availing of

    ITC under the Tamil Nadu Value Added Tax Act, 2006, it was

    highlighted that ITC is in the form of concession and it was

    categorically held that such ITC would be available on certain

    conditions stipulated in law. The relevant paragraphs are

    reproduced hereunder:

    “37. The judgment on which the learned Advocate
    General of Tamil Nadu had placed much reliance
    i.e. Jayam & Co. v. Commr., (2016) 15 SCC 125, is
    the judgment which is relevant for the present case. In
    the above case, this Court had the occasion to
    interpret the provisions of the Tamil Nadu Value Added
    Tax Act, 2006
    , Section 19(20), Section 3(2) and
    Section 3(3). Validity of Section 19(20) was under

    challenge in the said case. This Court after noticing the
    scheme under Section 19 noticed the following aspects
    in para 11: (SCC p. 134)
    ‘11. From the aforesaid scheme of Section 19
    the following significant aspects emerge:

    (a) ITC is a form of concession provided by the
    legislature. It is not admissible to all kinds of
    sales and certain specified sales are specifically
    excluded.

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    (b) Concession of ITC is available on certain
    conditions mentioned in this section.

    (c) One of the most important condition is that
    in order to enable the dealer to claim ITC it
    has to produce original tax invoice, completed
    in all respect, evidencing the amount of input
    tax.’

    38. This Court further held that it is a trite law that
    whenever concession is given by a statute the
    conditions thereof are to be strictly complied with in
    order to avail such concession. In para 12, the
    following has been laid down: (SCC pp. 134-35)

    ‘12. It is trite law that whenever concession is
    given by statute or notification, etc. the
    conditions thereof are to be strictly complied
    with in order to avail such concession. Thus, it
    is not the right of the “dealers” to get the
    benefit of ITC but it is a concession granted by
    virtue of Section 19. As a fortiori, conditions
    specified in Section 10 must be fulfilled. In
    that hue, we find that Section 10 makes
    original tax invoice relevant for the purpose of
    claiming tax. Therefore, under the scheme of
    the VAT Act, it is not permissible for the
    dealers to argue that the price as indicated in
    the tax invoice should not have been taken
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    into consideration but the net purchase price
    after discount is to be the basis. If we were
    dealing with any other aspect dehors the issue
    of ITC as per Section 19 of the VAT Act,
    possibly the arguments of Mr Bagaria would
    have assumed some relevance. But, keeping in
    view the scope of the issue, such a plea is not
    admissible having regard to the plain language
    of sections of the VAT Act, read along with
    other provisions of the said Act as referred to
    above.’”

    25. It is thus clear that unless all the conditions stipulated in

    Section 16(2) of the CGST Act are fulfilled as required under the

    law, a registered person is not entitled to take ITC.

    26. The manner in which the ITC can be availed under the

    statutory scheme of the CGST Act is provided in Rule 36 of the

    CGST Rules, which details the documentary requirements and

    conditions for claiming ITC as below:

    “Rule 36. Documentary requirements and conditions
    for claiming input tax credit.-

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    (1) The input tax credit shall be availed by a registered
    person, including the Input Service Distributor, on the
    basis of any of the following documents, namely,-

    (a) an invoice issued by the supplier of goods
    or services or both in accordance with the
    provisions of section 31;

    (b) an invoice issued in accordance with the
    provisions of clause (f) of sub-section (3)
    of section 31, subject to the payment of tax;

    (c) a debit note issued by a supplier in
    accordance with the provisions of section 34;

    (d) a bill of entry or any similar document
    prescribed under the Customs Act, 1962 or
    rules made thereunder for the assessment of
    integrated tax on imports;

    (e) an Input Service Distributor invoice or
    Input Service Distributor credit note or any
    document issued by an Input Service
    Distributor in accordance with the provisions of
    sub-rule (1) of rule 54.

    (2) Input tax credit shall be availed by a registered
    person only if all the applicable particulars as specified
    in the provisions of Chapter VI are contained in the
    said document:

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    Provided that if the said document does not contain all
    the specified particulars but contains the details of the
    amount of tax charged, description of goods or
    services, total value of supply of goods or services or
    both, GSTIN of the supplier and recipient and place of
    supply in case of inter-State supply, input tax credit
    may be availed by such registered person.

    (3) No input tax credit shall be availed by a registered
    person in respect of any tax that has been paid in
    pursuance of any order where any demand has been
    confirmed on account of any fraud,
    willful misstatement or suppression of facts.

    (4) No input tax credit shall be availed by a registered
    person in respect of invoices or debit notes the details
    of which are required to be furnished under subsection
    (1) of section 37 unless,-

    (a) the details of such invoices or debit notes
    have been furnished by the supplier in the
    statement of outward supplies in FORM
    GSTR-1 [, as amended in FORM GSTR-1A if
    any,] or using the invoice furnishing facility;
    and

    (b) the details of input tax credit in respect of
    such invoices or debit notes have been
    communicated to the registered person

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    in FORM GSTR-2B under sub-rule (7) of rule

    60.”

    27. Rule 37 of the CGST Rules provides for reversal of ITC in

    the case of non-payment of consideration, whereas Rule 37A of the

    CGST Rules provides for reversal of ITC in the case of non-payment

    of tax by the supplier and re-availment thereof. Rule 38 of the

    CGST Rules provides for claim of credit by a banking company or a

    financial institution.

    28. A conjoint reading of the provisions contained in Section

    16 of the CGST Act and the Rules, referred to herein above, would

    reveal that mere receipt of invoice does not entitle the registered

    dealer to claim to be entitled to ITC without fulfillment of other

    conditions enumerated therein. Various conditions incorporated

    therein, including submission of details of invoices or debit notes

    furnished in the statement of outward supplies in Form GSTR-1 [as

    amended in Form GSTR-1A (if any)] and communication of details

    of ITC in respect of such invoice or debit notices to the registered

    person in Form GSTR-2B [as provided under Rule 37(4) of the CGST

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    Rules], alone would finally lead to a situation where ITC can be said

    to be availed legally and in accordance with the statutory scheme of

    CGST Act and the Rules made thereunder, not otherwise.

    STATUTORY SCHEME OF DISTRIBUTION OF CREDIT

    29. There is a scheme of distribution of credit as provided

    under Section 20 of the CGST Act in those cases where the ISD

    mechanism addresses unique situation of entities having multiple

    GSTIN registrations under the same PAN, having their offices

    located in different parts and in various States. It requires a

    specialized mechanism for equitable distribution of common ITC.

    30. The manner of distribution of credit by ISD is provided in

    Section 20 of the Act. At this stage, it would be apposite to

    mention herein that Section 20 of the CGST Act, as it stands after

    amendment with effect from 1.4.2025 and as it stood prior to the

    said amendment, are relevant for our discussion in the present

    case, as the operation of Rule 39(1)(a) of the Rules in the pre-

    amendment regime prior to 1.4.2025 has also been raised.
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    31. Section 20 of the CGST Act, as it stood prior to 1.4.2025,

    did not contain the expression “in such manner as may be

    prescribed”. It was only by way of amendment with effect from

    1.4.2025 that new Section 20 of the CGST Act was substituted by

    Finance Act, 2024 [8 of 2024], dated 15.2.2024. After substitution,

    Section 20 of the CGST Act, as in force with effect from 1.4.2025,

    reads as below:

    “20. Manner of distribution of credit by Input Service
    Distributor.-

    (1) Any office of the supplier of goods or services or
    both which receives tax invoices towards the receipt
    of input services, including invoices in respect of
    services liable to tax under sub-section (3) or sub-

    section (4) of section 9 of this Act or under
    subsection (3) or sub-section (4) of section 5 of the
    Integrated Goods and Services Tax Act, 2017, for or
    on behalf of distinct persons referred to in section
    25
    , shall be required to be registered as Input
    Service Distributor under clause (viii) of section 24
    and shall distribute the input tax credit in respect of
    such invoices.

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    (2) The Input Service Distributor shall distribute the
    credit of central tax or integrated tax charged on
    invoices received by him, including the credit of
    central or integrated tax in respect of services
    subject to levy of tax under sub-section (3) or sub-
    section (4) of section 9 paid by a distinct person
    registered in the same State as the said Input
    Service Distributor, in such manner, within such time
    and subject to such restrictions and conditions as
    may be prescribed.

    (3) The credit of central tax shall be distributed as
    central tax or integrated tax and integrated tax as
    integrated tax or central tax, by way of issue of a
    document containing the amount of input tax credit,
    in such manner as may be prescribed.”

    32. At this stage, it is relevant to note that Rule 39 of the

    CGST Rules also underwent an amendment by substitution vide

    Notification dated 10.7.2024. Rule 39 of the CGST Rules, as in

    force, reads thus:

    “Rule 39. Procedure for distribution of input tax credit
    by Input Service Distributor.-

    (1) An Input Service Distributor shall distribute input
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    tax credit in the manner and subject to the following
    conditions, namely: –

    (a) the input tax credit available for distribution in a
    month shall be distributed in the same month and
    the details thereof shall be furnished in FORM
    GSTR-6 in accordance with the provisions of Chapter
    VIII of these rules;

    (b) the amount of the credit distributed shall not
    exceed the amount of credit available for
    distribution;

    (c) the credit of tax paid on input services
    attributable to a recipient of credit shall be
    distributed only to that recipient;

    (d) the credit of tax paid on input services
    attributable to more than one recipient of credit shall
    be distributed amongst such recipients to whom the
    input service is attributable and such distribution
    shall be pro rata on the basis of the turnover in a
    State or turnover in a Union territory of such
    recipient, during the relevant period, to the
    aggregate of the turnover of all such recipients to
    whom such input service is attributable and which
    are operational in the current year, during the said
    relevant period;

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    (e) the credit of tax paid on input services
    attributable to all recipients of credit shall be
    distributed amongst such recipients and such
    distribution shall be pro rata on the basis of the
    turnover in a State or turnover in a Union territory of
    such recipient, during the relevant period, to the
    aggregate of the turnover of all recipients and which
    are operational in the current year, during the said
    relevant period;

    (f) the input tax credit that is required to be
    distributed in accordance with the provisions of
    clause (d) and (e) to one of the recipients “R1”,
    whether registered or not, from amongst the total of
    all the recipients to whom input tax credit is
    attributable, including the recipients who are
    engaged in making exempt supply, or are otherwise
    not registered for any reason, shall be the amount,
    “C1”, to be calculated by applying the following
    formula –
    C1 = (t₁ ÷ T) x C
    where,
    “C” is the amount of credit to be distributed,

    ” t₁” is the turnover, as referred to in clause (d) and

    (e), of person R₁ during the relevant period, and

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    “T” is the aggregate of the turnover, during the
    relevant period, of all recipients to whom the input
    service is attributable in accordance with the
    provisions of clause (d) and (e);

    (g) the Input Service Distributor shall, in accordance
    with the provisions of clause (d) and (e), separately
    distribute the amount of ineligible input tax credit
    (ineligible under the provisions of sub-section (5) of
    section 17 or otherwise) and the amount of eligible
    input tax credit;

    (h) the input tax credit on account of central tax,
    State tax, Union territory tax and integrated tax
    shall be distributed separately in accordance with the
    provisions of clause (d) and (e);

    (i) the input tax credit on account of integrated tax
    shall be distributed as input tax credit of integrated
    tax to every recipient;

    (j) the input tax credit on account of central tax and
    State tax or Union territory tax shall–

    (i) in respect of a recipient located in the same
    State or Union territory in which the Input Service
    Distributor is located, be distributed as input tax
    credit of central tax and State tax or Union

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    territory tax respectively;

    (ii) in respect of a recipient located in a State or
    Union territory other than that of the Input
    Service Distributor, be distributed as integrated
    tax and the amount to be so distributed shall be
    equal to the aggregate of the amount of input tax
    credit of central tax and State tax or Union
    territory tax that qualifies for distribution to such
    recipient as referred to in clause (d) and (e);

    (k) the Input Service Distributor shall issue an Input
    Service Distributor invoice, as provided in sub-rule
    (1) of rule 54, clearly indicating in such invoice that
    it is issued only for distribution of input tax credit;

    (l) the Input Service Distributor shall issue an Input
    Service Distributor credit note, as provided in sub-
    rule (1) of rule 54, for reduction of credit in case the
    input tax credit already distributed gets reduced for
    any reason;

    (m) any additional amount of input tax credit on
    account of issuance of a debit note to an Input
    Service Distributor by the supplier shall be
    distributed in the manner and subject to the
    conditions specified in clauses (a) to (j) and the
    amount attributable to any recipient shall be

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    calculated in the manner provided in clause (f) and
    such credit shall be distributed in the month in which
    the debit note is included in the return in FORM
    GSTR-6;

    (n) any input tax credit required to be reduced on
    account of issuance of a credit note to the Input
    Service Distributor by the supplier shall be
    apportioned to each recipient in the same ratio in
    which the input tax credit contained in the original
    invoice was distributed in terms of clause (f), and
    the amount so apportioned shall be-

    (i) reduced from the amount to be distributed in
    the month in which the credit note is included in
    the return in FORM GSTR-6; or

    (ii) added to the output tax liability of the recipient
    where the amount so apportioned is in the
    negative by virtue of the amount of credit under
    distribution being less than the amount to be
    adjusted;

    (1A) For the distribution of credit in respect of input
    services, attributable to one or more distinct
    persons, subject to levy of tax under sub-section (3)
    or (4) of section 9, a registered person, having the
    same PAN and State code as an Input Service
    Distributor, may issue an invoice or, as the case may

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    be, a credit or debit note as per the provisions of
    sub-rule(1A) of rule 54 to transfer the credit of such
    common input services to the Input Service
    Distributor, and such credit shall be distributed by
    the said Input Service Distributor in the manner as
    provided in sub-rule (1).

    (2) If the amount of input tax credit distributed by
    an Input Service Distributor is reduced later on for
    any other reason for any of the recipients, including
    that it was distributed to a wrong recipient by the
    Input Service Distributor, the process specified in
    clause (n) of sub-rule (1) shall apply, mutatis
    mutandis, for reduction of credit.

    (3) Subject to sub-rule (2), the Input Service
    Distributor shall, on the basis of the Input Service
    Distributor credit note specified in clause (l) of sub-
    rule (1), issue an Input Service Distributor invoice to
    the recipient entitled to such credit and include the
    Input Service Distributor credit note and the Input
    Service Distributor invoice in the return in FORM
    GSTR-6 for the month in which such credit note and
    invoice was issued.

    Explanation. — For the purpose of this rule, –

    (i) the term ―“relevant period” shall be—

    (a) if the recipients of credit have turnover in their

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    States or Union territories in the financial year
    preceding the year during which credit is to be
    distributed, the said financial year; or

    (b) if some or all recipients of the credit do not
    have any turnover in their States or Union
    territories in the financial year preceding the year
    during which the credit is to be distributed, the
    last quarter for which details of such turnover of
    all the recipients are available, previous to the
    month during which credit is to be distributed;

    (ii) the expression―“recipient of credit” means the
    supplier of goods or services or both having the
    same Permanent Account Number as that of the
    Input Service Distributor;

    (iii) the term “turnover”, in relation to any registered
    person engaged in the supply of taxable goods as
    well as goods not taxable under this Act, means the
    value of turnover, reduced by the amount of any
    duty or tax levied under entries 84 and 92A of List I
    of the Seventh Schedule to the Constitution and
    entries 51 and 54 of List II of the said Schedule.”

    33. Section 20 of the CGST Act read with Rule 39 of the CGST

    Rules provide for distribution of ITC by ISD. Clause (a) of Rule

    39(1) of the CGST Rules, which is under challenge, provides that

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    the ITC available for distribution in a month shall be distributed in

    the same month and the details thereof shall be furnished in Form

    GSTR-6 in accordance with the provisions of Chapter VIII of these

    Rules. The prescription of distribution in the same month of the ITC

    available for distribution requires the distributor to distribute the

    ITC which has become available for distribution as would be clear

    from the expression “the input tax credit available for distribution in

    a month”.

    34. Rule 39 has been framed in exercise of power of delegated

    legislation by the Central Government and, therefore, has

    necessarily to be consistent with and within the limits of the rule

    making power as delegated under the enabling Act.

    35. Challenge to the validity of the aforesaid Rule is premised

    fundamentally on the submission that prior to substitution of new

    provision of Section 20 of the CGST Act, with effect from 1.4.2025,

    the unamended provision did not provide for time limit and,

    therefore, as long as the unamended provision of Section 20 of the

    CGST Act was in force, i.e., prior to 1.4.2025, the Rule requiring
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    time limit for distribution is ultra vires unamended Section 20 of the

    CGST Act.

    36. The response of the respondents is that it only prescribes

    the manner in which distribution has to be made and, therefore, it

    cannot be said be ultra vires the provisions of the enabling Act.

    37. This aspect we will consider at a later stage, if at all

    required for our discussion.

    INTERPLAY OF SECTION 16 AND 20 OF THE CGST ACT –
    SCHEME OF ENTITLEMENT TO CREDIT AND
    DISTRIBUTION OF CREDIT

    38. While Section 16 of the CGST Act provides for eligibility to

    available ITC, Section 20 of the CGST Act deals with distribution of

    credit in certain circumstances where the assessees like the

    petitioners herein have several units and there are common service

    providers, in which case, the law requires that ITC should be

    distributed pro rata on the basis of turnover of the individual units,

    as each branch office in the State has to be separately registered.

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    39. Whether the scheme of the CGST Act envisages

    distribution of credit only upon receipt of invoices or upon fulfillment

    of the conditions enumerated in Section 16(2) of the CGST Act to

    become entitled to avail ITC will have to be answered by applying

    the principle and construction which advances the object of the

    enactment.

    40. It behooves us to reiterate the salutary principle of

    purposive interpretation accentuated by the Supreme Court in Vivek

    Narayan Sharma (Demonetisation Case-5 J.) v. Union of India,

    (2023) 3 SCC 1, while considering the constitutionality of an

    enactment. The relevant portions of the said decision are

    reproduced herein below:

    “143. In Girdhari Lal & Sons v. Balbir Nath Mathur,
    (1986) 2 SCC 237, O. Chinnappa Reddy, J. explained
    the position as under: (SCC p. 243, para 9)
    ‘9. So we see that the primary and foremost
    task of a court in interpreting a statute is to
    ascertain the intention of the legislature,
    actual or imputed. Having ascertained the
    intention, the court must then strive to so
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    interpret the statute as to promote or advance
    the object and purpose of the enactment. For
    this purpose, where necessary the court may
    even depart from the rule that plain words
    should be interpreted according to their plain
    meaning. There need be no meek and mute
    submission to the plainness of the language.

    To avoid patent injustice, anomaly or absurdity
    or to avoid invalidation of a law, the court
    would be well justified in departing from the
    so-called golden rule of construction so as to
    give effect to the object and purpose of the
    enactment by supplementing the written word
    if necessary.’

    144. After referring to various earlier judgments of
    other jurisdictions, his Lordship observed thus :

    Girdhari Lal & Sons v. Balbir Nath Mathur, (1986) 2
    SCC 237, SCC p. 246, para 16:

    ‘16. Our own court has generally taken the
    view that ascertainment of legislative intent is
    a basic rule of statutory construction and that
    a rule of construction should be preferred
    which advances the purpose and object of a
    legislation and that though a construction,
    according to plain language, should ordinarily
    be adopted, such a construction should not be

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    adopted where it leads to anomalies, injustices
    or absurdities, vide K.P. Varghese v. ITO,
    (1981) 4 SCC 173, State Bank of
    Travancore v. Mohd. M. Khan, (1981) 4 SCC
    82, Som Prakash Rekhi v. Union of India
    ,
    (1981) 1 SCC 449, Ravula Subba Rao v. CIT,
    AIR 1956 SC 604, Govindlal Chhaganlal
    Patel v. Agricultural Produce Market
    Committee
    , (1975) 2 SCC 482 and Babaji
    Kondaji Garad v. Nasik Merchants Coop. Bank
    Ltd.
    , (1984) 2 SCC 50’

    145. M.N. Venkatachaliah, J. speaking for the
    Constitution Bench of this Court in Tinsukhia Electric
    Supply Co. Ltd. v. State of Assam
    , (1989) 3 SCC 709
    observed thus : (SCC p. 754, paras 118-20)
    ‘118. The courts strongly lean against any
    construction which tends to reduce a statute to
    futility. The provision of a statute must be so
    construed as to make it effective and
    operative, on the principle ut res magis valeat
    quam pereat. It is, no doubt, true that if a
    statute is absolutely vague and its language
    wholly intractable and absolutely meaningless,
    the statute could be declared void for
    vagueness.
    This is not in judicial review by
    testing the law for arbitrariness or
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    unreasonableness under Article 14; but what a
    court of construction, dealing with the
    language of a statute, does in order to
    ascertain from, and accord to, the statute the
    meaning and purpose which the legislature
    intended for it. In Manchester Ship Canal
    Co. v. Manchester Racecourse Co., (1900) 2
    Ch 352 Farwell, J. said : (pp. 360-61)
    ‘… Unless the words were so absolutely
    senseless that I could do nothing at all with
    them, I should be bound to find some
    meaning, and not to declare them void for
    uncertainty.’

    119. In Fawcett Properties
    Ltd. v. Buckingham County Council, (1960) 3
    WLR 831, Lord Denning approving the dictum
    of Farwell, J., said : (Ch p. 849)
    ‘… But when a statute has some meaning,
    even though it is obscure, or several
    meanings, even though there is little to choose
    between them, the courts have to say what
    meaning the statute to bear rather than reject
    it as a nullity.’

    120. It is, therefore, the court’s duty to
    make what it can of the statute, knowing that
    the statutes are meant to be operative and not
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    inept and the nothing short of impossibility
    should allow a court to declare a statute
    unworkable.

    In Whitney v. IRC, 1926 AC 37 (HL)] Lord
    Dunedin said : (AC p. 52)
    ‘… A statute is designed to be workable, and
    the interpretation thereof by a court should be
    to secure that object, unless crucial omission
    or clear direction makes that end
    unattainable.’”

    146. In State of Gujarat v. R.A. Mehta, (2013) 3 SCC
    1, this Court held as under : (SCC pp. 47-48, para 98)
    ‘98. The doctrine of purposive construction
    may be taken recourse to for the purpose of
    giving full effect to statutory provisions, and
    the courts must state what meaning the
    statute should bear, rather than rendering the
    statute a nullity, as statutes are meant to be
    operative and not inept. The courts must
    refrain from declaring a statute to be
    unworkable. The rules of interpretation require
    that construction which carries forward the
    objectives of the statute, protects interest of
    the parties and keeps the remedy alive, should
    be preferred looking into the text and context
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    of the statute. Construction given by the court
    must promote the object of the statute and
    serve the purpose for which it has been
    enacted and not efface its very purpose. ‘The
    courts strongly lean against any construction
    which tends to reduce a statute to futility. The
    provision of the statute must be so construed
    as to make it effective and operative.’ The
    court must take a pragmatic view and must
    keep in mind the purpose for which the statute
    was enacted as the purpose of law itself
    provides good guidance to courts as they
    interpret the true meaning of the Act and thus
    legislative futility must be ruled out. A statute
    must be construed in such a manner so as to
    ensure that the Act itself does not become a
    dead letter and the obvious intention of the
    legislature does not stand defeated unless it
    leads to a case of absolute intractability in use.
    The court must adopt a construction which
    suppresses the mischief and advances the
    remedy and ‘to suppress subtle inventions and
    evasions for continuance of the mischief,
    and pro privato commodo, and to add force
    and life to the cure and remedy, according to
    the true intent of the makers of the Act, pro
    bono publico’. The court must give effect to

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    the purpose and object of the Act for the
    reason that legislature is presumed to have
    enacted a reasonable statute. (Vide M.
    Pentiah v. Muddala Veeramallappa [M.
    Pentiah
    v. Muddala Veeramallappa, (1961) 2
    SCR 295 : AIR 1961 SC 1107] , S.P.
    Jain v. Krishna Mohan Gupta [S.P.
    Jain v. Krishna Mohan Gupta, (1987) 1 SCC
    191] , RBI v. Peerless General Finance &
    Investment Co. Ltd. [RBI v. Peerless General
    Finance & Investment Co. Ltd., (1987) 1 SCC
    424] , Tinsukhia Electric Supply Co.

    Ltd. v. State of Assam [Tinsukhia Electric
    Supply Co. Ltd.
    v. State of Assam, (1989) 3
    SCC 709] , SCC at p. 754, para 118; UCO
    Bank v. Rajinder Lal Capoor [UCO
    Bank
    v. Rajinder Lal Capoor, (2008) 5 SCC
    257 : (2008) 2 SCC (L&S) 263] and Grid
    Corpn. of Orissa Ltd. v. Eastern Metals & Ferro
    Alloys [Grid Corpn. of Orissa Ltd. v. Eastern
    Metals & Ferro Alloys, (2011) 11 SCC 334] .)”

    147. The principle of purposive construction has been
    enunciated in various subsequent judgments of this
    Court. However, we would not like to burden this
    judgment with a plethora of citations. Suffice it to say,
    the law on the issue is very well crystallised.

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    148. It is thus clear that it is a settled principle that
    the modern approach of interpretation is a pragmatic
    one, and not pedantic. An interpretation which
    advances the purpose of the Act and which ensures its
    smooth and harmonious working must be chosen and
    the other which leads to absurdity, or confusion, or
    friction, or contradiction and conflict between its
    various provisions, or undermines, or tends to defeat
    or destroy the basic scheme and purpose of the
    enactment must be eschewed. The primary and
    foremost task of the Court in interpreting a statute is
    to gather the intention of the legislature, actual or
    imputed. Having ascertained the intention, it is the
    duty of the Court to strive to so interpret the statute as
    to promote or advance the object and purpose of the
    enactment. For this purpose, where necessary, the
    Court may even depart from the rule that plain words
    should be interpreted according to their plain meaning.
    There need be no meek and mute submission to the
    plainness of the language. To avoid patent injustice,
    anomaly or absurdity or to avoid invalidation of a law,
    the court would be justified in departing from the so-
    called golden rule of construction so as to give effect to
    the object and purpose of the enactment.

    Ascertainment of legislative intent is the basic rule of
    statutory construction.”

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    41. In the case on hand, much insistence has been laid on the

    language of Section 20(2) of the CGST Act to advance the

    submission that the legislative mandate is that the ISD shall

    distribute the credit of central tax or integrated tax charged on

    invoices received by him. Therefore, the expression “credit

    available for distribution” as placed in Rule 39(1)(b) of the CGST

    Rules would only mean that upon receipt of invoice, the ISD is

    required to distribute the credit in the same month in which it is

    received. Therefore, the Rule cannot be said to be ultra vires the

    enabling provision of Section 20 of the CGST Act, as the CGST Act

    itself mandates distribution upon receipt of invoice.

    42. At the first blush, the argument appears to be attractive.

    However, on a deeper examination, such an interpretation would

    lead to a situation where the ISD, whether or not is entitled to avail

    ITC as provided under Section 16 of the CGST Act, would be

    required to distribute the credit as per the invoice alone.

    43. The expression “The Input Service Distributor shall
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    distribute the credit of central tax or integrated tax charged on

    invoices received by him” has to be interpreted keeping in view the

    other provisions contained not only in Section 20 of the CGST Act,

    but also Section 16 of the CGST Act and not in isolation.

    44. It is one of the cardinal principles of interpretation that a

    provision contained in the statute has to be read as a whole and

    keeping in view the scheme of the Act and other provisions

    contained therein and not de hors the same. It is pertinent to note

    that in Section 20(1) of the CGST Act, it has been clearly provided

    that the ISD registered under clause (viii) of Section 24 shall

    distribute the ITC in respect of such invoices received.

    45. The aforesaid expression is required to be meaningfully

    interpreted keeping in view the corresponding statutory scheme as

    to when, how and in what manner and upon fulfillment of which

    conditions, a registered person is entitled to credit of any input tax

    in respect of any supply of goods, services or both to him.

    46. The use of the expression that distribution of credit shall
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    be upon receipt of invoices does not mean that distribution has to

    take place even before the registered person is entitled to ITC

    under Section 16 of the Act. Such an interpretation will create

    absurdity and anomaly. It is relevant to note that Section 20 of the

    Act is placed in the statute after Section 16 of the Act. There is no

    discernible principle as to why, for the purposes of distribution of

    credit, Section 16 of the CGST Act has to be kept at bay. If that

    was the intention of the legislature, it could well be indicated by

    using the expression signifying the legislative intention as

    “irrespective of whether or not the registered person is entitled to

    credit of any input tax in respect of supply of any goods or services

    or both to him”. However, the legislature has not chosen to

    incorporate such expression.

    47. There is no discernible guiding principle or rationale

    reflected from the scheme of the CGST Act as to what purpose

    would be served in providing for distribution without fulfillment of

    conditions for taking ITC as provided under Section 16 of the CGST

    Act.

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    48. On the other hand, the interpretation that the expression

    “credit” used in Section 20 of the CGST Act is nothing but ITC and,

    therefore, what is intended to be distributed is ITC which the

    registered person/ISD is entitled to avail under the law and not a

    distribution mechanism even before entitlement under Section

    16(2) of the Act.

    49. The language of Section 20 of the CGST Act does not talk

    of distribution of “invoice”, but of “credit”. Merely because the

    expression used is distribution of credit upon receipt of “invoice”, it

    cannot be taken to mean that the legislative intention is to mandate

    distribution of credit indicated in the advice even before the

    registered person is entitled to claim ITC.

    50. Rule 39(1)(b) of the CGST Rules which uses the

    expression “credit available for distribution”, therefore, has to be

    interpreted in consonance with principles of harmonious

    construction of Sections 16 and 20 of the CGST Act to mean that

    the “credit” which has become available in accordance with law.

    This, in turn, means that credit has become available in the manner
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    provided under Section 16 of the CGST Act. Since the ITC can be

    availed and the registered person would be entitled to the same

    only upon fulfillment of various conditions incorporated therein, of

    which the receipt of invoice is the trigger point, the stage of

    distribution of ITC available will arrive only upon fulfillment of

    mandatory conditions prescribed under Section 16(2) of the CGST

    Act and not otherwise.

    51. As a matter of fact, if we look into the scheme of the

    CGST Act read with the Rules and various forms which are required

    to be submitted at various stages, it will become clear that receipt

    of invoice is not envisaged to be the stage where credit is required

    to be distributed by the ISD.

    52. As per Section 20 of the CGST Act, what is required to be

    distributed is “credit”, which after amendment in Section 20 of the

    CGST Act with effect from 1.4.2025 would clearly mean “input tax

    credit”. The expression “input tax credit” cannot be treated as the

    same as “input” or “input tax”. It also cannot be said to be taxable

    value of supply. The statutory scheme of distribution under Section
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    20 of the CGST Act is in respect of ITC. Therefore, it follows as a

    necessary corollary that before embarking upon distribution

    mechanism, ITC is available in terms of and in compliance with the

    statutory requirement of Section 16(2) of the CGST Act. This is so

    because, unless the conditions prescribed in Section 16(2) of the

    CGST Act are fulfilled, the registered person is not entitled to credit

    of input tax in respect of any supply of goods or services or both to

    him. What is mandated to distribute is “ITC”. The distribution,

    therefore, is triggered only upon fulfillment of conditions

    incorporated in Section 16(2) of the CGST Act and not otherwise.

    Therefore, the credit available for distribution is that which is

    available in terms of provisions contained in Section 16(2) of the

    CGST Act. Input tax converts into credit only when following

    conditions are satisfied:

    (a) receipt of tax invoice [Section 16(2)(a)];

    (b) Reporting of the tax invoice in the outward

    supply returns by the supplier [Section 16(2)(aa)

    only from 1.1.2022];

    (c) Receipt of service in question [Section 16(2)(b)];

    (d) Payment of tax to the Government [Section 16(2)
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    (c)]; and

    (e) Furnishing return [Section 16(2)(d) read with

    Section 39(4)].

    53. Section 21 of the CGST Act provides for the manner of

    recovery of credit distributed in excess. It clearly states that where

    the ISD distributes the credit in contravention of the provisions

    contained in Section 20 resulting in excess distribution of credit to

    one or more recipients of credit, the excess credit so distributed

    shall be recovered from such recipients along with interest, and the

    provisions of Section 73 or Section 74 or Section 74A, as the case

    may be, shall, mutatis mutandis, apply for determination of amount

    to be recovered. Therefore, in case the distributor distributes credit

    in contravention of Section 20 of the CGST Act, he is liable for penal

    consequences.

    54. If we look into the description of “tax invoice” as stated in

    Section 31 of the CGST Act, it is clear that the tax invoice is

    required to show the description of quantity and value of goods, tax

    charged thereon. However, in view of the provision contained in
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    Section 16(2) of the CGST Act, credit of the tax charged on the

    supply of goods can be taken only upon fulfillment of other

    conditions and mere tax invoice, by itself, is not sufficient in the

    eyes of law for a registered person to claim that he is entitled to

    ITC.

    55. Rule 39(1)(a) of the Rules mandates that the ITC available

    for distribution in a month shall be distributed in the same month

    and the details thereof shall be furnished in FORM GSTR-6 in

    accordance with the provisions of Chapter VIII of these Rules. Form

    GSTR-6 requires details of Total ITC/Eligible ITC/Ineligible ITC to be

    distributed for tax period. Paragraph (3) thereof deals with ITC

    received for distribution. Paragraph (7) deals with ITC mis-matches

    and reclaims to be distributed in the tax period. It also requires

    details of redistribution of ITC distributed to a wrong recipient

    (plus/minus) and refund claimed from electronic cash ledger.

    56. A chart showing forms and timelines under the CGST Act,

    for ready reference, has been submitted by the petitioners. Since

    that contains statutory timelines with regard to submission of
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    various details in different statutory forms, it is reproduced herein

    below:

    FORMS AND TIMELINES UNDER GST

    Form Particulars Date Relevant
    Provision
    Form Particulars of outward supplies 10th Section 37
    GSTR-1 made during the month (on a line- of the read with
    item/invoice-level basis) are to be succeeding Rule 59
    reported. This form is to be filed month
    by regular, non-ISD registrants.

    Certain supplies (with a turnover
    of not more than Rs.5 Cr.) have
    the option of filing this form
    quarterly.

    Form Particulars of outward supplies Real-time Rule 60
    GSTR-2A declared in Form GSTR-1 are (dynamic)
    /6A auto-populated in this form and
    the same is visible to non-ISD
    registrants in GSTR 2A and to ISD
    registrants (GSTR 6A). While Form
    GSTR-2A is dynamic and keeps
    updating as and when suppliers
    declare their outward supply
    details.

    Form
    GSTR 2B Form GSTR-2B is static and is 11th Section
    made available on the day 16(2)(aa)
    immediately following the due & Rule
    date of filing Form GSTR-1 return 36(4)

    Form Monthly return to be filed by ISD 13th Section
    GSTR-6 registrant declaring ITC available 39(4)
    for distribution in that month and read with
    ITC distributed in that month. Rule 65
    Table 5 of the return requires
    details of invoice of Invoice issued
    by ISD along with its no and date.

    The ITC distributed by an ISD
    registrant by way of Form GSTR-6
    is reflected in Form GSTR-2B of

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    Form Particulars Date Relevant
    Provision
    the recipient unit. However, the
    underlying third-party invoices.

    ITC of which is distributed by the
    ISD unit is not visible to the
    recipient unit in either Form
    GSTR-2A or Form GSTR-2B till 11 th
    of the month succeeding the
    month in which the supplier issues
    the invoice.

    Form Monthly return to be filed by non- 20th Section
    GSTR-3B ISD registrants summarizing the 39(1)
    outward supply details for the read with
    month (an aggregation of the line- Rule 61
    item wise details declared in Form
    GSTR-1 return) and the ITC
    availed during the month.

    The GST liability is paid by way of
    this return

    57. Moreover, the submission of learned counsel for the

    respondents that for distribution only the date of issuance of invoice

    is relevant cannot be accepted. Section 20(2)(b) of the CGST Act

    [prior to amendment] provided that the amount of the credit

    distributed shall not exceed the amount of credit available for

    distribution. This would show that the amount of credit entitled to

    be distributed is not the amount mentioned in the invoice, but the

    amount of credit which is eligible in terms of Section 16(2) of the

    CGST Act.

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    After amendment, Rule 39(1)(b) of the CGST Rules provides

    that the amount of the credit distributed shall not exceed the

    amount of credit available for distribution.

    Therefore, the submission of the respondents that distribution

    is to take place on issuance of invoice is based on incorrect

    assumption that the service is received when the invoice is issued.

    58. It is clear that what is available for distribution is not the

    tax invoice, but the ITC. The registered person becomes entitled to

    the same upon fulfillment of conditions incorporated in Section

    16(2) of the CGST Act and not before that.

    59. Therefore, the expression “the input tax credit available

    for distribution in a month” contained in Rule 39(1)(a) of the CGST

    Rules has to be interpreted, construed and understood in the

    manner it is consistent with the statutory scheme of Section 16

    read with Section 20 of the CGST Act and not otherwise. The said

    provision, if interpreted in the manner as has been argued by

    learned counsel for the respondents that what is required to be

    distributed in terms of provision contained in Section 20 of the
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    CGST Act read with Rule 39 of the Rules is credit as stated in the

    tax invoice, even without fulfillment of conditions incorporated

    under Section 16(2) of the CGST Act, will be liable to be struck

    down as ultra vires Section 16(2) read with Section 20 of the

    enabling Act.

    60. The said Rule only incorporates the expression “the input

    tax credit available for distribution”. It does not, in turn, say that

    upon receipt of tax invoice, distribution mechanism shall be

    operated without fulfillment of the conditions of Section 16(2) of the

    CGST Act. Therefore, the rule is required to be interpreted in the

    manner that saves its constitutionality.

    61. Consequently, the expression “the input tax credit

    available for distribution in a month”, on rational, fair, and logical

    interpretation would only mean ITC available for distribution in a

    month upon fulfillment of the conditions incorporated in Section

    16(2) of the CGST Act. In other words, the distribution mechanism

    is triggered only after completion of various stages and conditions

    incorporated in Section 16(2) of the CGST Act. Therefore, the
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    requirement of distribution has to be accordingly construed to mean

    that it shall be in the month in which the registered person becomes

    entitled to ITC in terms of Section 16(2) of the CGST Act.

    62. We finally conclude that, in its application, the provision

    contained in Sections 16 and 20 of the CGST Act read with Rule 39

    of the CGST Rules are required to be applied as above. Therefore,

    present is not a case where Rule 39(1)(a) of the Rules is required to

    be declared ultra vires the enabling Act.

    63. In view of the aforesaid conclusion arrived at, the other

    issues raised for consideration need not be answered.

    64. The show cause notices issued in these two petitions in so

    far as the aspect relating to alleged contravention of delayed

    distribution are concerned, upon receipt of reply from the

    petitioners in two cases, shall require determination and appropriate

    order and conclusion of proceedings in the light of interpretation of

    the provisions of law, particularly Rule 39(1)(a) of the CGST Rules.

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    65. In case the petitioners have not filed their reply, shall file

    their reply before the authority concerned within a period of two

    months. Upon submission of reply, the authority shall proceed to

    decide the matter in the light of the observations and conclusions

    drawn by us and interpretation of Sections 16 and 20 of the CGST

    Act and Rule 39(1)(a) of the CGST Rules.

    66. In the result, the writ petitions are allowed in the manner

    and to the extent stated above. There shall be no order as to costs.

    Consequently, interim applications stand closed.

    
    
    
    
                            (MANINDRA MOHAN SHRIVASTAVA, CJ)     (G.ARUL MURUGAN,J)
                                                          05.03.2026
                         Index            : Yes
                         Neutral Citation : Yes
                         sasi
    
    
    
    
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                         To:
    
                         1. The Secretary, Union of India
                            Department of Revenue,
                            Ministry of Finance, North Block,
                            New Delhi - 110 001.
    
                         2. The Secretary
                            State of Tamilnadu
                            Commercial Taxes and Registration
                            Department, Ezhilagam
                            PWD Estate, Chepauk
                            Chennai - 600 005.
    
                         3. Commissioner of Central Tax
                            and Central Excise
                            Audit - I Commissionerate, No 1775
                            Jawaharlal Nehru Inner Ring Road
                            Anna Nagar Western Extension
                            Chennai - 600 101.
    
                         4. The Secretary
                            Government of Puducherry
                            Commercial Taxes Department
                            Government of Puducherry
                            100 feet Road Ellapillaichavady
                            Pondicherry – 605005.
    
    
    
    
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                                                                          THE HON'BLE CHIEF JUSTICE
                                                                                               AND
                                                                                G.ARUL MURUGAN,J.
    
                                                                                                       (sasi)
    
    
    
    
                                                                  WP Nos.27038 and 28371 of 2025
    
    
    
    
                                                                                                05.03.2026
    
    
    
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