Section 41 of the CGST Act, 2017

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GST›CGST Act, 2017›Chapter IX, Returns

At a glance

Section 41 entitles a registered person to avail eligible input tax credit, self-assessed in the return, subject to prescribed conditions and restrictions. The amount is credited to the electronic credit ledger. Credit on supplies whose tax the supplier has not paid must be reversed with applicable interest, while later supplier payment permits re-availment in the prescribed manner.[1]

The first sub-section links eligible credit, self-assessment, the return and the credit ledger. The second links reversal to supplier non-payment and leaves its manner to prescription. Its proviso links re-availment to the supplier paying the tax on those supplies. The law does not settle how the recipient establishes payment or which interest rate and starting date apply.

Section 41 has been in force since 1 July 2017. Section 106 of the Finance Act 2022 substituted the heading and both sub-sections from 1 October 2022 through Notification No. 18/2022-CT. The earlier wording provided provisional credit and restricted its use to self-assessed output tax. The substitution introduced the current reversal and re-availment requirements without retrospective effect.

Text

The text below is the section as served by the CBIC tax information portal on 17 September 2026, with the portal's own amendment footnote markers (shown as small numerals before a bracket) and its footnotes.[1] The Act as published in the Gazette of India is the legal source.

Section 41, verbatim (show)

*Section 41. 1[Availment of input tax credit

(1) Every registered person shall, subject to such conditions and restrictions as may be prescribed, be entitled to avail the credit of eligible input tax, as self-assessed, in his return and such amount shall be credited to his electronic credit ledger.

(2) The credit of input tax availed by a registered person under sub-section (1) in respect of such supplies of goods or services or both, the tax payable whereon has not been paid by the supplier, shall be reversed along with applicable interest, by the said person in such manner as may be prescribed:

Provided that where the said supplier makes payment of the tax payable in respect of the aforesaid supplies, the said registered person may re-avail the amount of credit reversed by him in such manner as may be prescribed.]

* Enforced w.e.f. 22nd June, 2017.

1. Substituted (w.e.f. 1st October, 2022 vide Notification No. 18/2022 - CT) by s. 106 of The Finance Act 2022 (No. 6 of 2022) for

"Section 41. Claim of input tax credit and provisional acceptance thereof.

(1) Every registered person shall, subject to such conditions and restrictions as may be prescribed, be entitled to take the credit of eligible input tax, as self-assessed, in his return and such amount shall be credited on a provisional basis to his electronic credit ledger.

(2) The credit referred to in sub-section (1) shall be utilised only for payment of self-assessed output tax as per the return referred to in the said sub-section."

Sub-section (1)

41(1), entitlementEligible credit in the return

be entitled to avail the credit of eligible input tax, as self-assessed, in his returnSection 41(1), entitlement

A registered person takes eligible credit through self-assessment in the return. Eligibility is linked to sections 16 and 17.

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41(1), conditionsPrescribed conditions and restrictions

Every registered person shall, subject to such conditions and restrictions as may be prescribedSection 41(1), conditions

Prescribed conditions and restrictions govern availment by the registered person. The linked documentary rule is rule 36.

41(1), ledgerElectronic credit ledger

such amount shall be credited to his electronic credit ledgerSection 41(1), ledger

The amount follows the eligible credit self-assessed in the return. Section 49(2) links the ledger entry to section 41.

Sub-section (2)

41(2), reversalSupplier non-payment

the tax payable whereon has not been paid by the supplier, shall be reversed along with applicable interestSection 41(2), reversal

The registered person must reverse credit availed under sub-section (1) on the supplies concerned. Reversal follows the prescribed manner. The law does not settle how the recipient establishes whether the supplier paid that tax.

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41(2), interestInterest with reversal

shall be reversed along with applicable interest, by the said person in such manner as may be prescribedSection 41(2), interest

The interest requirement accompanies reversal for supplier non-payment. The law does not settle its rate or starting date for credit that became reversible on that ground.

41(2), provisoRe-availment after supplier payment

the said registered person may re-avail the amount of credit reversed by him in such manner as may be prescribedSection 41(2), proviso

The supplier must pay the tax on the supplies for which credit was reversed. The registered person may then re-avail that reversed amount in the prescribed manner.

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Other questions to answer on the file

Questions a reviewer answers from the engagement file, grouped by the part of the section they come from. They describe what the section asks; they do not decide it.

Which wording governs the period under test footnote 1 to section 41

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Frequently asked questions

Where is self-assessed eligible credit taken?

The registered person avails it in the return, and the amount is credited to the electronic credit ledger. Prescribed conditions and restrictions apply.

Section 41(1)

How does a recipient establish that the supplier paid the tax?

The law does not settle how the recipient establishes supplier payment. The reversal requirement turns on non-payment of tax on the supplies concerned.

Section 41(2)

Which interest rate and starting date apply to reversal?

The law does not settle the applicable rate or starting date here. Sub-section (2) requires reversal with applicable interest in the prescribed manner.

Section 41(2)

What permits reversed credit to be taken again?

The supplier's payment of tax on the supplies permits re-availment of the reversed amount. The registered person must follow the prescribed manner.

Section 41(2), proviso

Amendment history

The CBIC text carries 2 footnotes. The table gives each in the source's own terms. Effective dates are as the footnotes state them.[1]

Amendments to section 41 as footnoted in the CBIC text
NoteChangeInstrumentEffective fromRetrospective?
Brings the section into forceNotification No. 09/2017-Central Tax dated 28th June, 2017[2]1 July 2017; the source's note reads 22nd June, 2017, which is wrong for this sectionno
1Substitutes the whole section, heading and both sub-sections, replacing provisional acceptance and the restriction on utilisation with an entitlement to avail, a duty to reverse where the supplier has not paid the tax, and a proviso allowing re-availment. The source preserves the replaced wording inside the footnote.section 106 of The Finance Act 2022 (No. 6 of 2022), notified by Notification No. 18/2022 - CT[3][4]1 October 2022no
Provisions connected to Section 41
ProvisionConnectionWords that tie them
Section 16Section 16 16(2)(c) overridden by this provision16(2)(c) "subject to the provisions of section 41, the tax charged in respect of such supply has been actually paid to the Government"
Rule 36 of the CGST Rules, 201741(1) prescribed by rule 36 of the CGST Rules 201741(1) "subject to such conditions and restrictions as may be prescribed"
Section 3941(1) requires Section 3941(1) "as self-assessed, in his return"
Section 241(1) defined by Section 2 clause (62)41(1) "the credit of eligible input tax"; clause (62) defines "input tax"
Section 241(1) defined by Section 2 clause (46)41(1) "such amount shall be credited to his electronic credit ledger"; clause (46) carries it to sub-section (2) of section 49
Section 16, Section 1741(1) requires Section 16 and Section 1741(1) "the credit of eligible input tax"; the Act nowhere defines "eligible", and those two sections are where eligibility is decided
Rule 37A of the CGST Rules, 201741(2) prescribed by rule 37A of the CGST Rules 201741(2) "shall be reversed along with applicable interest, by the said person in such manner as may be prescribed"
Rule 37A of the CGST Rules, 2017the proviso to 41(2) prescribed by the second proviso to rule 37A of the CGST Rules 2017the proviso to 41(2) "may re-avail the amount of credit reversed by him in such manner as may be prescribed"

Circulars and notifications

Circulars and notifications in the CBIC repository that cite this section, newest first, by number, date and subject. A listing here does not say what an instrument decides; read the instrument.

Circulars (2)

NumberDateSubject
Circular No. 197/09/2023-GST17 July 2023Clarification on refund-related issues
Circular No. 7/07/2017-GST1 September 2017System based reconciliation of information furnished in FORM GSTR-1 and FORM GSTR-2 with FORM GSTR-3B - regarding.

Notifications (1)

NumberDateSubject
Notification No. 10/2017-Central Tax28 June 2017Seeks to amend CGST Rules notification no 3/2017-Central Tax dt 19.06.2017 amended by a later instrument

Unsettled questions

The words of section 41 do not answer these questions. Where one decides a matter on the file, the answer depends on the position taken on it.

  1. How is a recipient to establish whether the tax payable on the supply has been paid by the supplier, when the Act gives him no means of seeing the supplier's payment? Sub-section (2) makes the reversal turn on that fact and says nothing about how the recipient is to know it. The position already exists on this question and is reused, not duplicated.
  2. From what date, and at what rate, does the "applicable interest" under sub-section (2) run on credit that was validly availed under sub-section (1) and became reversible only because the supplier did not pay? The sub-section requires interest, does not say which interest is applicable, and fixes no date from which it runs.

See also

References

  1. Central Board of Indirect Taxes and Customs. "Section 41. Availment of input tax credit". Central Goods and Services Tax Act, 2017, CBIC tax information portal, with amendment footnotes 1 to 2. Retrieved 17 September 2026.
  2. Notification No. 09/2017-Central Tax, dated 28 June 2017: Seeks to bring into force certain sections of the CGST Act, 2017 w.e.f 01.07.2017. Cited in CBIC footnote *.
  3. The Finance Act, 2022. Cited in CBIC footnote 1.
  4. Notification No. 18/2022-Central Tax, dated 28 September 2022: Seeks to notify 01.10.2022 as the date on which provisions of sections 100 to 114, except clause (c) of section 110 and section 111 of Finance Act, 2022 shall come into force. Cited in CBIC footnote 1.

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