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ITC Availed after prescribed date in GST According to Section 16(4)

This query is : Resolved 
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(Querist)
29 May 2024 I filed my March 2019 return in January 2021 and claimed ITC then. Now I have been issued a notice and I have been asked to return the ITC. Can I get any relief in this regard?
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Jaspal Singh

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Jaspal Singh (Expert)
29 May 2024 No, as per law you availed after due date. so scn is valid
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CS Advocate Abhishek Goyal

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CS Advocate Abhishek Goyal (Expert)
31 May 2024 Pending SLP before the honorable SC in shanti motors case against judgment of Patna HC regarding Constitutional validity of section 16(4) may be referred in the reply.
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