if someone has not clamied ITC for FY 19-20 in 3B, but 2A is showing sufficient credit available!
now that the due date of filing return for September month has passed, what is the alternative way to avail such ITC?
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Availment of ITC.
Replies (7)
Quick Summary
No option
You can not claim
You can not claim
There should be some alternative as the amount involved is quite big, and my client has not done anything wrong, the CA he hired hadn't filed the actual returns and hence the query came!
Mr. Rajan Somani Ji,
No option
No option
As per the GST act, there is no alternative way to claim ITC.
Recent case law on GST Input
The High Court of Bombay in the case of Heritage Lifestyles And Developers and Pvt Ltd Vs UoI 2020-TIOL-1875-HC-MUM-GST has held when there is no dispute to the fact that the Petitioner is otherwise eligible for credit of Rs. 78,62,466/- then to deny the benefit of such Input credit merely on technical grounds cannot be justified. Merely on technical ground an admitted input credit is sought to be denied to the Petitioner. That according to us would be wholly unfair and a travesty of justice. It is in these facts and circumstances that we are compelled to invoke our writ jurisdiction in this case.
There is a common issue for not availing the input tax credit within the due date (earlier of 30th September of next FY & filing of the annual returns). This decision gives hope for claiming the otherwise eligible credit beyond due date.
Wherever there is a missed credit, a manual letter could be filed with the Department seeking for credit in the electronic credit Ledger by taking the reference of this judgment.
There's is lots of cases going on as above hopefully if the judgement come positive you can take itc as per the result
Thank you vijaypraksh ji!
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