Section 49B of the CGST Act, 2017

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GST›CGST Act, 2017›Chapter X, Payment of Tax

Parts of this section are overridden by Section 49; read it with that provision.

At a glance

Section 49B empowers the Government, on the Council's recommendations, to prescribe the order and manner of using input tax credit towards tax. It covers integrated, central, State and Union territory credit and payments. The power overrides other provisions in the Chapter but expressly remains subject to section 49(5)(e) and (f), which continue to qualify the prescription.[1]

The enabling power and its limits operate together: a prescribed utilisation order is read against the Chapter override and the expressly preserved clauses of section 49. Section 49A is a related utilisation provision in the same Chapter. The prescription under section 49B provides the order and manner, while the statutory qualification preserves the named section 49 restrictions.

The section was inserted by section 21 of the Central Goods and Services Tax (Amendment) Act, 2018, in force from 1 February 2019.

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 49B, verbatim (show)

1[Section 49B. Order of utilisation of input tax credit.-

(1) 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.]

1. Inserted by s. 21 of The Central Goods and Services Tax (Amendment) Act, 2018 (No. 31 of 2018) -Brought into force w.e.f. 01st February, 2019.

49B(1)Power with preserved limits

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 utilisationSection 49B(1)

The power overrides the other provisions of the Chapter. Section 49(5)(e) and (f) remain controlling qualifications. The prescription covers the specified credit heads towards payment of the corresponding named taxes.

Questions to answer on the fileThe prescription of the order and manner2 questions
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Questions to answer on the fileThe credit utilised and the tax it is utilised towards4 questions
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Questions to answer on the fileThe overriding of the rest of the Chapter1 question
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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.

Scope the section as a whole

Questions to answer on the file1 question
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The clauses this section is subject to clause (e) and clause (f) of sub-section (5) of section 49

Questions to answer on the file1 question
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Frequently asked questions

Who prescribes the utilisation order?

The Government prescribes it on the Council's recommendations. The power covers both order and manner.

Section 49B(1)

Does the Chapter override displace every section 49 restriction?

No. Clauses (e) and (f) of section 49(5) are expressly preserved as qualifications.

Section 49B(1)

Which credit heads fall within the prescription power?

Integrated, central, State and Union territory tax credit fall within it. Their utilisation towards the stated taxes follows the prescribed order and manner.

Section 49B(1)

Amendment history

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

Amendments to section 49b as footnoted in the CBIC text
NoteChangeInstrumentEffective from
1Inserted the whole sections. 21 of The Central Goods and Services Tax (Amendment) Act, 2018 (No. 31 of 2018)[2]brought into force w.e.f. 01st February, 2019
Provisions connected to Section 49B
ProvisionConnectionWords that tie them
Section 49this provision overridden by clause (e) and clause (f) of sub-section (5) of Section 4949B(1) "subject to the provisions of clause (e) and clause (f) of sub section (5) of section 49"

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. 172/04/2022-GST6 July 2022Clarification on various issue pertaining to GST
Circular No. 98/17/2019-GST23 April 2019Seeks to clarify the manner of utilization of input tax credit post insertion of the rule 88A of the CGST Rules.

Notifications (1)

NumberDateSubject
Notification No. 03/2019-Central Tax29 January 2019Seeks to amend the CGST Rules, 2017.

Unsettled questions

The words of section 49b do not answer this question. Where one decides a matter on the file, the answer depends on the position taken on it.

  1. the section leaves its content to be prescribed rather than silent; what is missing is an instrument, not a firm position

See also

References

  1. Central Board of Indirect Taxes and Customs. "Section 49B. Order of utilisation of input tax credit". Central Goods and Services Tax Act, 2017, CBIC tax information portal, with amendment footnotes 1 to 1. Retrieved 17 September 2026.
  2. The Central Goods and Services Tax (Amendment) Act, 2018. Cited in CBIC footnote 1.

External links