Other Provisions & Procedure

Burden of proof

Section 155, CGST Act

Chapter 21 Text as on 2026-09-05 Source CBIC

Straight from CBIC

Official source, not a summary of a summary

Full text included

Read the exact words of the law yourself

Amendment history

See what changed, and when

Free, always

No login, no paywall, no book to buy

In one line

Section 155 places the BURDEN OF PROOF for eligibility of input tax credit on the person claiming it.

What this means in practice

The parts that actually decide cases — the things a practitioner checks first.

1

The burden of proving eligibility for input tax credit is ON THE PERSON CLAIMING IT – which is why an ITC dispute is won with invoices, e-way bills, transport documents, payment proof and the supplier’s return status, not with argument.

2

Build the credit file at the time of the transaction; reconstructing it after a notice is what most reversals turn on.

Questions people actually ask

Real questions we get on this provision, answered straight.

The department says our supplier is non-existent. What do we produce?+

Everything that shows the supply actually happened: tax invoice, e-way bill, weighbridge or transport records, goods inward register, payment through banking channels, and the supplier’s GSTR-1 and registration status on the date of supply. Section 155 puts the burden on you, so the file has to be complete.

The exact words of the law

172 characters, unedited

Reproduced from the CBIC text. We explain it above — but you should always be able to read it yourself.

Read the full provision+
* Section 155. Burden of proof.- Where any person claims that he is eligible for input tax credit under this Act, the burden of proving such claim shall lie on such person.

High Court cases on this section

Judgments in our index that cite this provision. Being listed does not make a case good law — it may have been appealed or distinguished since. Read it before relying on it.

What changed, and when

The amendment trail, newest first — because the version that applies to your case depends on the period.

2017-07-01 · Commenced

Provision as originally enacted in the CGST Act, 2017 (Act 12 of 2017) and brought into force w.e.f. 01-07-2017.

Where this comes from

Text reproduced from the Central Board of Indirect Taxes and Customs, as available on 2026-09-05. The explanation and practice notes above are GSTZone’s own, written for this hub. If you spot anything out of date, tell us and we’ll fix it — this hub is checked daily against CBIC.

section 155 cgstburden of proof

Reading is free. Getting it wrong isn’t.

Does this apply to your case, or not?

Reading the section is one thing. Knowing whether it bites on your facts, and what it costs if it does, is another. Send us the situation – we will tell you straight, and only take it on if we can genuinely help.

Please enter your full name as per your official documents.
This field is required.
Your 10-digit mobile number for contact.
This field is required.
State / UT
Select your state or union territory.

6+ years · 2,500+ GST registrations filed · Bhopal, serving all of India

GSTZone

GSTZone

GST, simply explained

The complete GST knowledge hub — every section, every rule, in plain language, free for everyone. An initiative by Khemchandani Finance.

GET IN TOUCH

📞 +91 97554 06939

💬 WhatsApp Chat

✉ support@gstzone.com

📍 Signature Park, Bhopal, MP 462036

This hub reproduces the text of the GST Acts and Rules as published by the Central Board of Indirect Taxes and Customs, along with our own plain-language explanations. It is general information, not legal advice for your specific facts — and the law changes. Always check the position for your own case before acting, and talk to us if the amount at stake matters.

© 2026 GSTZone — A Khemchandani Finance initiative.

Secured by 256-bit SSL