Eligibility of itc

This query is : Resolved

Sabita Sahoo (Querist)
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13 February 2020 As per sec16(4),last date to avail ITC for 2018-19 is 20.10.2019 which is already expired.If a taxpayer who has not filed return for 3/19 ,if filing today avail itc ?

CA Anita Bhadra

CA Anita Bhadra (Expert)
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13 February 2020 As per GST Act, a registered person shall not be entitled to take the input tax credit in respect to any invoices or debit note for Supply of Goods or Services or Both after the DUE DATE of furnishing of the return.
Since due date was 20th Oct , ITC can not be availed

Amol S Joglekar

Amol S Joglekar (Expert)
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13 February 2020 ITC can NOT be availed since due date is over

Sabita Sahoo

Sabita Sahoo (Querist)
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13 February 2020 If no ITC allowed and huge late fee for late filing,it would be double burden on the taxpayer.Those invoices which are uploaded by the supplier beyond 20.10.19 pertaining to the period 2018-19,those ITC should not be allowed to the recipient.but if invoices are reflected in gstr2A of the recipient during 2018-19,he should be allowed to avail that ITC even if filed after 20.10.19 for 3/19.

Amol S Joglekar

Amol S Joglekar (Expert)
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13 February 2020 we need to wait for such a window to be cleared by the GST department.

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