10 February 2021
I HAVE FILED GSTR3B OF MARCH 2019 ON 26/11/2019 WITH LATE FEE. IN THIS RETURN WE CLAIMED ITC OF RS. 54000/- (CGST 27000+ SGST 27000). IN GSTR 2A ALL ITC REFLECTED. BUT TODAY (10/02/2021) NOTICE IN FORM GST DRC - 01A RECEIVED. IN THIS NOTICE OFFICER SAYS TO PAY RS. 54000/- WITH INTEREST. WHAT CAN WE DO? IF WE NOT FILED RETURN OF 2018-19 BEFORE 20/10/2019 WE CANNOT TAKE ITC? PLS REPLY URGENT BASIS. PLS HELP US.
10 February 2021
IN NOTICE OFFICER SAYS THAT AS PER SECTION 16(4) OF CGST/MGST ACT 2017 I HAVE NOT ELIGIBLE FOR ABOVE ITC. SIR, I HAVE FILED RETURN ON 26/11/2019 (AFTER 20/10/2019). IN WHICH SECTION I HAVE ELIGIBLE FOR ITC? PLS INFORM DETAILED.
10 February 2021
The answer does not lie in any section but in the logical interpretation of law. Since you are already being penalised in terms of late fee and interest for late filing of Mar 2019 return so you cannot be asked to further reverse the credit and pay interest. It requires very detailed elaboration backed by case laws and/or your own logical interpretation. Such detailing is not possible to share in this forum.
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