Skip to content
GST Law Hub
CGST Act Section 49A: Utilisation of input tax credit subject to certain conditions | Finin2min

Section 49A - Utilisation of input tax credit subject to certain conditions

Chapter X - Payment of Tax
ACTIVEOFFICIAL_TEXT_CAPTUREDindex,follow
Source control: The text/status on this page is tied to the official source gateway and the Phase 1 legal-review register. Open official source.

Finin2min Summary - Section in 2 Minutes

Requires integrated-tax credit to be fully utilised first towards integrated, central and State/UT tax before other ITC is used. Works with the prescribed order in rule 88A. PRACTICAL EXAMPLE IGST credit is first applied to IGST; remaining IGST credit can then be allocated to CGST and SGST/UTGST in any order under rule 88A.

Exact operative text

Paragraph-wise decode

Requires integrated-tax credit to be fully utilised first towards integrated, central and State/UT tax before other ITC is used. Works with the prescribed order in rule 88A.

PRACTICAL EXAMPLE IGST credit is first applied to IGST; remaining IGST credit can then be allocated to CGST and SGST/UTGST in any order under rule 88A.

Section-Rule-Form-Notification bridge

No direct Rule certified in Phase 1. Check notifications, circulars, forms and corresponding State law.

The mapping is a legal concordance, not a round-robin related-link list. It is limited to instruments certified in this phase.

Practical example

A professional first identifies whether the facts trigger section 49A, fixes the relevant period, checks the mapped subordinate instruments and preserves evidence before filing or advising.

Professional alert

Optimisation cannot override the mandatory IGST-first rule.

Implementation checklist

  1. Fix the transaction, taxable period and jurisdiction.
  2. Read every subsection, proviso, explanation and omission marker.
  3. Open the mapped Rule, form, notification and circular.
  4. Test State/UT variation and portal version.
  5. Preserve evidence, approvals, working papers and acknowledgements.
  6. Record the conclusion, assumptions, source date and reviewer.

Evidence and retention checklist

Practical Q&A

What does section 49A regulate?
It regulates utilisation of input tax credit subject to certain conditions. Read the exact text, conditions, exceptions and transaction date together.
Which subordinate law should be checked?
No direct CGST Rule has been certified in this phase. Notifications, circulars, forms and the corresponding SGST/UTGST layer may also apply.
What evidence should be retained?
Preserve the contract or transaction record, invoice or form, portal acknowledgement, payment/ledger evidence, correspondence, legal working and the official source version used.
Can portal behaviour override the statute?
No. Portal functionality is operational evidence; legal entitlement and liability remain controlled by the Act, Rules, notifications and binding decisions.