ITC availavility

This query is : Resolved

piyush (Querist)
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17 March 2020 Dear Professionals,
My company paid GST as the vehicle was captured by RTO officer. The company paid GST alongwith 100% penalty.
Please suggest can i claim the amount of ITC on
1. GST paid
2. Penalty paid on GST.

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)
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17 March 2020 1 ITC can be claimed if eligible.
2 No ITC can be claimed on penalty.

Spurto Consultancy Services

Spurto Consultancy Services (Expert)
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17 March 2020 Yes, you can claim ITC of the GST paid on goods, if eligible.
Penalty paid at the time of seizure of goods cannot be claimed.

piyush

piyush (Querist)
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17 March 2020 Sir Goods was not seized but due to some mistake in applying E-way bill provision this penalty was imposed along with GST. Please give your opinion.

Spurto Consultancy Services

Spurto Consultancy Services (Expert)
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17 March 2020 Even if the goods were not seized and penalty was paid for other reasons as mentioned, you cannot claim ITC of the penalty.

piyush

piyush (Querist)
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17 March 2020 Thanks to all for your suggestions

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)
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17 March 2020 Welcome..............

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