ITC Reversal Demand of ₹80 Lakhs — Resolved Without Reversal

Client Challenge

During a GST audit, the department proposed an ITC reversal of ₹80 lakhs under Section 16(2)(d), citing non-payment to related-party creditors beyond 180 days. The client, facing a sizeable demand, was prepared to reverse the credit.

The Problem

  • Section 16(2) read with Rule 37(1) requires ITC reversal if payment to a supplier isn’t made within 180 days
  • The auditor applied this rule to related-party transactions without accounting for a key exception
  • Reversing ₹80 lakhs would have meant an unnecessary cash outflow and an incorrect precedent for future audits

Our Approach

  • Identified that the proviso to Rule 37(1) deems payment to have been made within 180 days for related-party transactions covered under Schedule I read with Section 15
  • Demonstrated that the 180-day reversal requirement does not apply to related-party supplies by deeming fiction in law
  • Presented this position with supporting legal reasoning directly to the audit team

The Result

  • The department accepted the position
  • No ITC reversal required — ₹80 lakhs preserved
  • Client gained a documented precedent for similar related-party transactions going forward

Why This Matters

If your business has related-party transactions and an audit has raised a 180-day ITC reversal demand, the question worth asking is whether Rule 37(1)’s proviso was even considered.

Want Us on Your Side?