Claimed Igst of 52320 instead of Cgst/sgst-26160 in in Fy2017-18

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This discussion addresses a common GST error where Input Tax Credit (ITC) was wrongly claimed under IGST instead of CGST/SGST for FY 2017-18. The user received a Form-10 notice in March 2023 due to this mistake. Fortunately, the advice provided suggests that no payment is required for the wrongly claimed IGST amount, as there's no revenue loss to the government. The focus shifts to rectifying the claim and potentially claiming the correct CGST/SGST balance.

Prashant Kumar

Prashant Kumar (Querist)

11 May 2023 I have wrongly claimed ITC under Igst -52320 instead of CGST/SGST-26160 in Fy 2017-18 for which we have received Form -10 in the month of March-2023. We also have Balance of 26160 under Cgst/sgst which is unclaimed. I have following queries:
A. Do we have to pay 52320 under Igst? Also is there any clause in Gst act for waiver of Interest?
B. Also any refund process to claim the Cgst/sgst?

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)

12 May 2023 No need to pay.
See the link for further action.
https://www.consultease.com/gst-compliances-in-india/claim-itc-wrong-head-gstr-3b-due-wrong-filing-gstr-1-supplier/#.YywIsuxX4pc

Prashant Kumar

Prashant Kumar (Querist)

12 May 2023 Thank you for the Response Sir. But the mistake has happened from the recipient side(myself). The supplier has uploaded the invoice correctly in GSTR-1 and is also reflecting correctly in my GSTR-2A( as CGST/SGST). I have wrongly claimed ITC under IGST-52320. Please help.

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)

12 May 2023 In this case also you can file GSTR 3b manually no need to pay GST.
This case is applicable to you also as there is no loss of revenue to the government.
It's unintentional clerical error.

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