Rule 36 of the CGST Rules, 2017

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GST›CGST Rules, 2017›Chapter V, Input Tax Credit

At a glance

Rule 36 requires a registered person, including an Input Service Distributor, to base input tax credit on a listed document. It requires applicable document particulars, subject to a minimum-details proviso, and bars credit for tax paid under specified section 74 demand orders. Invoices and debit notes within section 37(1) also face supplier-furnishing and recipient-communication conditions.[1]

The document list covers supplier invoices, invoices under section 31(3)(f), supplier debit notes, import assessment documents and Input Service Distributor documents. The section 31(3)(f) category requires tax payment. A document missing specified particulars may qualify under the minimum-details proviso. The reporting conditions require both supplier details through the stated routes and credit communication in FORM GSTR-2B.

The reporting condition was substituted from 1 January 2022, replacing the earlier 5 per cent. and cumulative adjustment wording. Further changes took effect from 1 October 2022. Footnotes 2, 5 and 6 identify notifications dated 4 September 2018, 10 July 2024 and 8 October 2024 but give no separate commencement dates. The latest insertions concern FORM GSTR-1A and section 74.

Text

The text below is the rule 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 Rules as published in the Gazette of India is the legal source.

Rule 36, verbatim (show)

Rule 36

Rule 36. Documentary requirements and conditions for claiming input tax credit.-

(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 1[****]:

2[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, willful misstatement or suppression of facts 6[under section 74].

3[(4) No input tax credit shall be availed by a registered person in respect of invoices or debit notes the details of which are required to be furnished under subsection (1) of section 37 unless,-

(a) the details of such invoices or debit notes have been furnished by the supplier in the statement of outward supplies in FORM GSTR-1 5[, as amended in FORM GSTR-1A if any,] or using the invoice furnishing facility; and

(b) the details of 4[input tax credit in respect of] such invoices or debit notes have been communicated to the registered person in FORM GSTR-2B under sub-rule (7) of rule 60.]

1. Omitted (w.e.f. 01.10.2022) vide Notification No. 19/2022 - CT dated 28.09.2022

2. Inserted vide Notification No.39/2018-CT dated 04.09.2018

3. Substituted (w.e.f. 01.01.2022) vide Notification No. 40/2021- CT dated 29.12.2021 for

"(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 furnished by the suppliers under sub-section (1) of section 37, in FORM GSTR-1 or using the invoice furnishing facility shall not exceed 5 per cent. of the eligible credit available in respect of invoices or debit notes the details of which have been furnished by the suppliers under sub-section (1) of section 37 in FORM GSTR-1 or using the invoice furnishing facility.

Provided that the said condition shall apply cumulatively for the period February, March, April, May, June, July and August, 2020 and the return in FORM GSTR-3B for the tax period September, 2020 shall be furnished with the cumulative adjustment of input tax credit for the said months in accordance with the condition above.

Provided further that such condition shall apply cumulatively for the period April, May and June, 2021 and the return in FORM GSTR-3B for the tax period June, 2021 or quarter ending June, 2021, as the case may be, shall be furnished with the cumulative adjustment of input tax credit for the said months in accordance with the condition above."

4. Inserted (w.e.f. 01.10.2022) vide Notification No. 19/2022 - CT dated 28.09.2022.

5. Inserted vide Notification No. 12/2024 - CT dated 10.07.2024.

6. Inserted vide Notification No. 20/2024 - CT dated 08.10.2024.

Sub-rule (1)

36(1)(a) to (e)Listed documents

The input tax credit shall be availed by a registered person, including the Input Service Distributor, on the basis of any of the following documentsRule 36(1)(a) to (e)

Supplier invoices must meet section 31, and supplier debit notes must meet section 34. Import documents must be bills of entry or similar documents prescribed under the Customs Act, 1962 or its rules for integrated-tax assessment. Input Service Distributor invoices, credit notes or other documents must meet rule 54(1). Invoices under section 31(3)(f) form a separate listed category.

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36(1)(b)Payment for section 31 invoice

an invoice issued in accordance with the provisions of clause (f) of sub-section (3) of section 31, subject to the payment of taxRule 36(1)(b)

The registered person must have the invoice required under section 31(3)(f). Payment of tax is an express condition for this document category.

Sub-rule (2)

36(2)Applicable particulars

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 documentRule 36(2)

The particulars requirement follows those applicable to the document under Chapter VI. The following proviso permits availment where its specified minimum details are present despite other missing particulars.

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36(2), provisoMinimum details

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 personRule 36(2), proviso

Tax charged, description, total supply value and both GSTINs form the minimum details. Place of supply is also required for an inter-State supply. The proviso applies where the document lacks all the specified particulars.

36(3)Specified demand-order tax

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, willful misstatement or suppression of facts under section 74Rule 36(3)

The bar requires tax paid pursuant to an order confirming a demand on the stated grounds under section 74. Footnote 6 identifies the section 74 insertion but gives no separate commencement date.

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Sub-rule (4)

36(4)Scope of reporting conditions

No input tax credit shall be availed by a registered person in respect of invoices or debit notes the details of which are required to be furnished under subsection (1) of section 37 unlessRule 36(4)

The reporting conditions attach to invoices and debit notes required under section 37(1). Supplier furnishing under clause (a) and credit communication under clause (b) must both occur.

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36(4)(a)Supplier furnishing route

the details of such invoices or debit notes have been furnished by the supplier in the statement of outward supplies in FORM GSTR-1, as amended in FORM GSTR-1A if any, or using the invoice furnishing facilityRule 36(4)(a)

The supplier may use the stated outward statement route or invoice furnishing facility. Relevant FORM GSTR-1A amendments form part of the FORM GSTR-1 route. Footnote 5 gives no separate commencement date for the FORM GSTR-1A insertion.

36(4)(b)Recipient credit communication

the details of input tax credit in respect of such invoices or debit notes have been communicated to the registered person in FORM GSTR-2B under sub-rule (7) of rule 60Rule 36(4)(b)

The communication must reach the registered recipient for the invoices or debit notes concerned. FORM GSTR-2B under rule 60(7) is the specified communication.

Frequently asked questions

Which documents support credit under the rule?

The listed categories are supplier invoices, section 31(3)(f) invoices, supplier debit notes, import assessment documents and Input Service Distributor documents. Each must meet its stated statutory requirements.

Rule 36(1)

What minimum details does the proviso require?

It requires tax charged, description, total supply value and supplier and recipient GSTINs. An inter-State supply also requires place of supply.

Rule 36(2), proviso

Is supplier furnishing enough for an invoice within section 37(1)?

Both supplier furnishing and communication of the relevant credit details to the recipient in FORM GSTR-2B are required. The supplier route is FORM GSTR-1 with relevant FORM GSTR-1A amendments, or the invoice furnishing facility.

Rule 36(4)

Does the earlier 5 per cent. rule remain the reporting condition?

The earlier wording was replaced from 1 January 2022. The substituted rule requires supplier furnishing and recipient credit communication for documents within its scope.

Rule 36(4)

Amendment history

The CBIC text carries 6 footnotes. The table gives each in the source's own terms. Effective dates are as the footnotes state them.[1]

Amendments to Rule 36 as footnoted in the CBIC text
NoteChangeInstrumentEffective from
1words omitted at the end of sub-rule (2). The source does not preserve them; Notification No. 19/2022-Central Tax, paragraph on rule 36, clause (a), gives them: ", and the relevant information, as contained in the said document, is furnished in FORM GSTR-2 by such person"Notification No. 19/2022-Central Tax dated 28.09.2022[2]01.10.2022
2the proviso to sub-rule (2) insertedNotification No. 39/2018-Central Tax dated 04.09.2018[3]the date of publication in the Official Gazette (the notification gives no other date); 04.09.2018 is the notification's date
3sub-rule (4) substituted; the source preserves the earlier sub-rule (4) and its two provisosNotification No. 40/2021-Central Tax dated 29.12.2021[4]01.01.2022
4"input tax credit in respect of" inserted in clause (b) of sub-rule (4)Notification No. 19/2022-Central Tax dated 28.09.2022[2]01.10.2022
5", as amended in FORM GSTR-1A if any," inserted in clause (a) of sub-rule (4)Notification No. 12/2024-Central Tax dated 10.07.2024[5]the date of publication in the Official Gazette (the notification gives no other date for this change); 10.07.2024 is the notification's date
6"under section 74" inserted in sub-rule (3)Notification No. 20/2024-Central Tax dated 08.10.2024[6]the date of publication in the Official Gazette (the notification gives no other date for this change); 08.10.2024 is the notification's date
Provisions connected to Rule 36
ProvisionConnectionWords that tie them
Section 16 of the CGST Act, 2017Section 16 of the CGST Act, 2017 prescribed by this provision16(2)(a) "such other tax paying documents as may be prescribed"
Section 16 of the CGST Act, 2017this provision requires Section 16 of the CGST Act, 201736(1) "input tax credit"
Section 31 of the CGST Act, 2017this provision requires Section 31 of the CGST Act, 201736(1)(a) "section 31"
Section 34 of the CGST Act, 2017this provision requires Section 34 of the CGST Act, 201736(1)(c) "section 34"
Section 37 of the CGST Act, 2017this provision requires Section 37 of the CGST Act, 201736(4) "invoices or debit notes the details of which are required to be furnished under subsection (1) of section 37"
Section 74 of the CGST Act, 2017this provision requires Section 74 of the CGST Act, 201736(3) "under section 74"
Rule 54this provision requires Rule 5436(1)(e) "sub-rule (1) of rule 54"
Rule 60this provision requires Rule 6036(4)(b) "sub-rule (7) of rule 60"

Circulars and notifications

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

Circulars (11)
NumberDateSubject
Circular No. 211/05/2024-GST26 June 2024Clarification on time limit under Section 16(4) of CGST Act, 2017 in respect of RCM supplies received from unregistered persons.
Circular No. 193/05/2023-GST17 July 2023Clarification to deal with difference in Input Tax Credit (ITC) availed in FORM GSTR-3B as compared to that detailed in FORM GSTR-2A for the period 01.04.2019 to 31.12.2021
Circular No. 197/09/2023-GST17 July 2023Clarification on refund-related issues
Circular No. 183/15/2022-GST27 December 2022Clarification to deal with difference in Input Tax Credit (ITC) availed in FORM GSTR-3B as compared to that detailed in FORM GSTR-2A for FY 2017-18 and 2018-19
Circular No. 142/12/2020-GST9 October 2020Clarification of issues relating to application of sub-rule (4) of rule 36 of the CGST Rules, 2017, cumulatively for the months of February, 2020 to August, 2020
Circular No. 139/09/2020-GST10 June 2020Clarification on Refund Related Issues.
Circular No. 136/06/2020-GST3 April 2020Clarification in respect of various measures announced by the Government for providing relief to the taxpayers in view of spread of Novel Corona Virus (COVID-19) - Reg
Circular No. 135/05/2020-GST31 March 2020Circular on Clarification on refund related issues - Reg
Circular No. 134/04/2020-GST23 March 2020Seeks to clarify issues in respect of issues under GST law for companies under Insolvency and Bankruptcy Code, 2016
Circular No. 125/44/2019-GST18 November 2019Seeks to clarify the fully electronic refund process through FORM GST RFD-01 and single disbursement. amended by a later instrument
Circular No. 123/42/2019-GST11 November 2019Seeks to clarify restrictions in availment of input tax credit in terms of sub-rule (4) of rule 36 of CGST Rules, 2017.
Notifications (12)
NumberDateSubject
Notification No. 20/2024-Central Tax8 October 2024Seeks to make amendments (Second Amendment 2024) to the CGST Rules, 2017
Notification No. 12/2024-Central Tax10 July 2024Seeks to make amendments (Amendment, 2024) to the CGST Rules, 2017.
Notification No. 19/2022-Central Tax28 September 2022Seeks to make amendments (Second Amendment, 2022) to the CGST Rules, 2017.
Notification No. 40/2021-Central Tax29 December 2021Seeks to make amendments (Tenth Amendment, 2021) to the CGST Rules, 2017.
Notification No. 27/2021-Central Tax1 June 2021Seeks to make amendments (Fifth Amendment, 2021) to the CGST Rules, 2017.
Notification No. 13/2021-Central Tax1 May 2021Seeks to make third amendment (2021) to CGST Rules.
Notification No. 94/2020-Central Tax22 December 2020Seeks to make the Fourteenth amendment (2020) to the CGST Rules, 2017.
Notification No. 30/2020-Central Tax3 April 2020Seeks to amend CGST Rules (Fourth Amendment) in order to allow opting Composition Scheme for FY 2020-21 till 30.06.2020 and to allow cumulative application of condition in rule 36(4).
Notification No. 11/2020-Central Tax21 March 2020Seeks to provide special procedure for corporate debtors undergoing the corporate insolvency resolution process under the Insolvency and Bankruptcy Code, 2016. amended by a later instrument
Notification No. 75/2019-Central Tax26 December 2019Seeks to carry out changes in the CGST Rules, 2017.
Notification No. 49/2019-Central Tax9 October 2019Seeks to carry out changes in the CGST Rules, 2017.
Notification No. 39/2018-Central Tax4 September 2018Seeks to make amendments (Eighth Amendment, 2018) to the CGST Rules, 2017 amended by a later instrument

See also

References

  1. Central Board of Indirect Taxes and Customs. "Rule 36. Documentary requirements and conditions for claiming input tax credit". Central Goods and Services Tax Rules, 2017, CBIC tax information portal, with amendment footnotes 1 to 6. Retrieved 17 September 2026.
  2. Notification No. 19/2022-Central Tax, dated 28 September 2022: Seeks to make amendments (Second Amendment, 2022) to the CGST Rules, 2017. Cited in CBIC footnotes 1 and 4.
  3. Notification No. 39/2018-Central Tax, dated 4 September 2018: Seeks to make amendments (Eighth Amendment, 2018) to the CGST Rules, 2017. Cited in CBIC footnote 2.
  4. Notification No. 40/2021-Central Tax, dated 29 December 2021: Seeks to make amendments (Tenth Amendment, 2021) to the CGST Rules, 2017. Cited in CBIC footnote 3.
  5. Notification No. 12/2024-Central Tax, dated 10 July 2024: Seeks to make amendments (Amendment, 2024) to the CGST Rules, 2017. Cited in CBIC footnote 5.
  6. Notification No. 20/2024-Central Tax, dated 8 October 2024: Seeks to make amendments (Second Amendment 2024) to the CGST Rules, 2017. Cited in CBIC footnote 6.

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