Eligibility of ITC claim if returns are in subsequent year

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This query is : Resolved

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This discussion clarifies the eligibility of claiming Input Tax Credit (ITC) when filing GSTR-3B for a previous financial year. The consensus is that ITC reflecting in GSTR-2B for March 2022 can be claimed even if the GSTR-3B is filed in August 2023. This is due to the revised time limit under Section 16(4) of the CGST Act, which has been extended to November of the subsequent financial year, and this extension is applicable for FY 2021-22.

Umashankara HB

Umashankara HB (Querist)
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01 August 2023 I am filing GSTR 3B of March 2022 in August 2023. Am I eligible to claim ITC which is reflecting in GSTR2B of March 2022?

If yes, Doesn't it violation of section 16(4)?

If no, then why ITC reflecting in 2B is auto generated and showing in ITC table of 3B of the March 2022?

CS Advocate Abhishek Goyal

CS Advocate Abhishek Goyal (Expert)
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01 August 2023 Time limit for availing ITC u/s 16(4) now revised till november of subsequent month and the extended time limit are applicable for FY 21-22 also. So you can claim.

Umashankara HB

Umashankara HB (Querist)
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02 August 2023 Please explain Sir? Is there in notification or circular related to revised extended time limit as you mentioned in your reply?