ITC DISALLOWED DUE TO LATE FILING

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This query is : Resolved

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This discussion addresses the issue of claiming Input Tax Credit (ITC) when the GSTR-3B was filed beyond the time limit stipulated in Section 16(4) of the MGST Act, 2017, for the financial year 18-19. While courts have generally upheld the constitutional validity of this section, suggesting no immediate solution, there's a possibility to present arguments referencing the pending Supreme Court judgment on a Patna High Court case. It's uncertain if a commissioner officer would agree to this during a personal hearing.

Alliance Tax Experts

Alliance Tax Experts (Querist)

21 February 2024 ITC Claimed in GSTR-3B Filed beyond time-limit as prescribed in Sec.16(4) of MGST Act,2017 FY 18-19...

What is the solution?

CS Advocate Abhishek Goyal

CS Advocate Abhishek Goyal (Expert)

23 February 2024 So far in various judgments Courts have upheld the Constitutional validity of section 16(4) so as of now it appears that there is no solution but you may advance your arguments and refer the pending status of SC judgment against judgement of Patna HC in the case of Gobinda Construction

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Alliance Tax Experts

Alliance Tax Experts (Querist)

23 February 2024 Thanks for the reply..in personal hearing, will the commissioner officer agree to this?

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