INPUT CREDIT BELATING FILING OF GSTR-3B

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A client filed their GSTR-3B returns for 2018-19 a year late due to financial difficulties. The proper officer issued a show cause notice demanding payment of ITC with interest and penalty, citing wrong availment. The discussion suggests this relates to Section 16(4) of the GST Act and advises waiting for the Union Budget, which may amend the deadline for the initial financial years of GST. A notification for these changes is anticipated.

S. RAVICHANDRAN

S. RAVICHANDRAN (Querist)
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11 July 2024 One of my client filed GSTR-3B returns for the year 2018-19 belatedly by one year due the financial crisis. In these circumstances the proper officer issued SCN mentioned the ITC was wrong availment. Pay the ITC with interest and penalty. Please let me know the any case judgement in favour of the client. Please clarify

CS Advocate Abhishek Goyal

CS Advocate Abhishek Goyal (Expert)
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22 July 2024 From the facts narrated by you, it seems that is a case of section 16(4), in this case wait for union budget and change in section 16(4) which provides for extension of deadline till 30th nov in case of 3 initial FYs of GST.