Intimation of liablity u/s 73(5)

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An assessee received a GST liability notice under section 73(5) for the 2018-19 financial year, having filed returns and availed input credit on 30th October 2019. The notice pertains to outward supplies, not specifically B2B or B2C transactions. While options like appealing or contacting the GST officer are suggested, recent High Court judgments have upheld the constitutional validity of section 16(4), potentially limiting remedies for availing Input Tax Credit after the due date.

P.Madhivadhanan

P.Madhivadhanan (Querist)
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14 September 2023 An assessee have filed gst return for the financical yeat 2018-19 return in 30/10/2019 and availed Input credit. Notice is served as liability u/s 73(5) payable . Some of the transactions are B2B & some of other sales are B2C. How to avoid this liablity ?

RAJA P M

RAJA P M (Expert)
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14 September 2023 GST Liability means Outward supplies. It's not separated as B2B or B2C.

P.Madhivadhanan

P.Madhivadhanan (Querist)
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14 September 2023 hOW TO AVOID THIS LIABILITY LEGALY. WHETHER BY WAY OF APPEAL OR OTHERWISE

RAJA P M

RAJA P M (Expert)
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14 September 2023 Better to go to contact GST officer. They can guide You... But, Can't avoid this liability except accept by GST OFFICER

CS Advocate Abhishek Goyal

CS Advocate Abhishek Goyal (Expert)
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18 September 2023 it looks like you have received notice under section 16(4) for availing ITC after expiry of time limit as you have filed your return on 31.10.2019. At present there is no remedy available in view of two recent judgements on this issue by AP HC and Patna HC on this issue wherein they have upheld the constitutional validity of section 16(4).

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