Rule 36 CGST Rules 2017
Summary of Rule 36 CGST Rules 2017
( Rule 36 CGST Rules 2017 explains Documentary requirements and conditions for claiming input tax credit and is covered in Chapter V : Input Tax Credit and Inserted by the Central Goods and Services Tax (Second Amendment) Rules, 2017, w.e.f. 1-7-2017 and Amended by Central Goods and Services Tax (Eight Amendment) Rules, 2018, Central Goods and Services Tax (Sixth Amendment) Rules, 2019, w.e.f. 9-10-2019, Central Goods and Services Tax (Ninth Amendment) Rules, 2019 ]
Rule 36 CGST Rules 2017
Documentary requirements and conditions for claiming input tax credit
36. (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, and the relevant information, as contained in the said document, is furnished in FORM GSTR-2 by such person.
1[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, wilful misstatement or suppression of facts.
2 [ (4) Input tax credit to be availed by a registered person in respect of invoices or debit notes, the details of which have not been uploaded by the suppliers under sub-section (1) of section 37, shall not exceed 3 [ 10 per cent ] of the eligible credit available in respect of invoices or debit notes the details of which have been uploaded by the suppliers under sub-section (1) of section 37.]
Notes on Rule 36 CGST Rules 2017
3. Substituted for “20 per cent” by Central Goods and Services Tax (Ninth Amendment) Rules, 2019, w.e.f. 1-1-2020.
2. Inserted by the Central Goods and Services Tax (Sixth Amendment) Rules, 2019, w.e.f. 9-10-2019.
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