Tax Consultant
1662 Points
Posted on 18 July 2026
A credit note under Section 34 of the CGST Act is valid only for: goods returned, deficiency in services, or agreed post-supply discounts. Non-payment by the customer is not a recognized ground for issuing a credit note under GST.
Unlike the old VAT system, GST has no bad debt relief mechanism. If you have already paid GST on this invoice in GSTR-3B, that amount is not recoverable from the government because the buyer has defaulted.
For recovery of the outstanding amount, the options that remain:
- Legal demand notice followed by a civil suit in civil court
- MSME Samadhan portal if you are an MSME supplier (free and faster than courts)
- Reference to buyer's lenders if they are under a structured credit facility
On the buyer's side: if they have claimed ITC on your invoice and have not paid you within 180 days, their ITC on that bill gets reversed under Rule 37 of CGST Rules. That is their liability, not a direct relief for you, but it can be useful leverage in negotiations.
This [ITC reversal and Rule 37 guide](https://taxgarden.in/blog/itc-reversal-rule-42-43-common-credit-capital-goods-gst-india-2026) has the complete breakdown on how 180-day payment tracking works.