Claim GST paid against ITC reversal

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This query is : Resolved

Mahabir Prasad Agarwal (Querist)

26 July 2021 Sir, during FY 2019-20, I had to pay an amount of Rs.90,000/-against non payments to creditors within 180 days. Now, these creditors are paid fully and I have to file GSTR 3B for March,2021. Please let me know the procedure to claim the above GST paid 90,000/- ?

Udaya Chandran

Udaya Chandran (Expert)

26 July 2021 Section 16 of CGST Act prescribes a condition that recipient has to pay the suppliers the value of the goods or services along with the respective tax amount within 180 days from the date of invoice in order to claim credit, else the same has to be reversed. Also when the recipient makes payment of the value and the tax amount, he can claim credit of tax amount after such payment.

However, Section 16 (4) restricts the time limit to take credit of any invoice or debit note till the time of filing return under section 39 for the month of September following the end of financial year i.e. for FY.2019-20, return for the month of September 2020 or the filing of annual return for the FY.2019-20, due date is 31st December 2020 whichever is earlier.

Considering the time limit for FY.2019-20 is already over for both filing return under section 39 and Annual return, you may not be able to claim ITC.

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