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Can ITC claimed by recepient against late GSTR 1filed in next financial year w.r.t.2018-19

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santwana gautam

41 Points Posted on 13 February 2023

If a supplier files late GSTR 1of a financial year 2018-19 i.e after October of next financial year (2019-20)and deposit tax with late fee and interest,can ITC b still claimed by recepient on the ground that tax with interest is already paid to government despite late filling.

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Quick Summary

This discussion clarifies whether a recipient can claim Input Tax Credit (ITC) if their supplier files the GSTR-1 for the 2018-19 financial year late, after October of the following year. While the supplier pays tax with late fees and interest, the recipient's ability to claim ITC depends on meeting the deadlines outlined in Sections 16(2) and 16(4) of the GST Act. If the Section 16(4) deadline has passed, ITC is generally unavailable unless the GSTR-3B was filed within the prescribed time limit.