Section 17(5)(i) of cgst act. 2017

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

22 January 2018 Dear Seniors,
Section 17(5)(I) of CGST act. 2017 Defined the non admissible of ITC on account of Non payment of tax or short payment of tax.

I'm bit confused assume if we forget to consider the outward supply bill Hence short tax has been paid later we came to know about this. Therefore we have deposit the short tax along with the applicable interest.
Now the exception is over the above stated section which stipulated that ITC shall not be admissible on short payment of tax,

Pls let me know whether this section will be applicable on demand raised by department. Or it will also be applicable in normal cases like I have stated above with illustration,

Pls suggest.....

Thanks & Regards
Ankur Gupta

CA Suresh Jain

CA Suresh Jain (Expert)
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22 January 2018 Your case does not fall under section 74 or 129 or 130 and hence ITC can not be denied

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