Section 49B - Order of utilisation of input tax credit
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
Empowers Government to prescribe the order and manner of ITC utilisation. Rule 88A operationalises flexible use of remaining IGST credit after IGST liability.
Exact operative text
49B. Order of utilisation of input tax credit.-Notwithstanding anything contained in this Chapter and subject
to the provisions of clause
(e) and clause
(f) of sub-section
(5) of section 49, the Government may, on the recommendations of the Council, prescribe the order and
manner of utilisation of the input tax credit on account of integrated tax, central tax, State tax or Union
territory tax, as the case may be, towards payment of any such tax.
Paragraph-wise decode
Empowers Government to prescribe the order and manner of ITC utilisation. Rule 88A operationalises flexible use of remaining IGST credit after IGST liability.
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
Finance models should simulate the statutory order before estimating cash outflow.
Professional alert
State and Central credits cannot be cross-used directly except through permitted IGST sequence.
Implementation checklist
- Fix the transaction, taxable period and jurisdiction.
- Read every subsection, proviso, explanation and omission marker.
- Open the mapped Rule, form, notification and circular.
- Test State/UT variation and portal version.
- Preserve evidence, approvals, working papers and acknowledgements.
- Record the conclusion, assumptions, source date and reviewer.
Evidence and retention checklist
- Contract, purchase order, invoice or underlying transaction document.
- Registration, return, ledger, challan and portal acknowledgement.
- Official Act/Rule/notification version used and effective date.
- Internal tax position paper, computation and management approval.
- Correspondence, notices, replies, orders and appeal papers where applicable.
Practical Q&A
- What does section 49B regulate?
- It regulates order of utilisation of input tax credit. 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.