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Goods and Service TaxArticle·8 January 2026

Reading Down Section 16(2)(c) of the CGST Act

By J the App

Executive Summary

J the app takes a look. Can a bona fide purchaser be denied Input Tax Credit for a supplier’s failure to remit GST despite having paid tax, received goods, and complied with every statutory requirement? In M/s Sahil Enterprises v. Union of India (Tripura High Court, 6 January 2026), the Court answers this question by reading down Section 16(2)(c) of the CGST Act, reaffirming that tax laws cannot compel the impossible or penalise innocence. This judgment is a significant step in restoring balance between revenue protection and constitutional fairness under GST.

WP(C) No. 688 of 2022, M/s Sahil Enterprises v. Union of India & Ors., Tripura High Court, judgment dated 06.01.2026

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