ANNUAL RETURN ITC AVAILABLE AS PER 2A

ITC / Input 161 views 2 replies

Sir,

for the financial year 2017-18 I have not filed GSTR 9 for my client due to turnover not exceeding the limit.

Now only we came to know we have a difference in 2A and 3B itc different (i.e 2A - available ITC is higher than 3B ITC availed).

we received also a discrepancies notice from department.

In that notice they mentioned purchase difference tax cgst and sgst for 10000+10000. also sales suppression.

Now I just want to know  IF we claimed that ITC IN FORM 9 ANNUAL RETURN AND SALES both with profit.

and pay the difference tax with interest Can or not?

because the sales and purchase are just recharge card only ,and margin also very megre. that is 5%.

because the itc claiming time already finished by march 2019.

Is there any method to correct the difference?

Kindly...

 

 

Replies (2)

Mr. Muralidoss

ITC cannot be claimed through GSTR 9 Annual return, although any additional liability can be disclosed and discharged along with interest. 

There are some court rulings (predominantly) with reference to not transferring TRAN credit into GST where time limit mentioned has been foregone. It would be risky, to take such credit along can be disputed. 

Thank you  very much sir,

The time limit is already gone. actually 2018 september changed once to 2019 march .Any extension to avail that itc or not also know.

Bcoz earlier we are not filed one closed business gstr 10, they notice to pay 10000/- penalty

now they extend to file upto 2020 december.

Sir, In this condition we have to pay the difference with 18% tax right?

 If we failed to file can we have to  file the appeal for this can or not?

 


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