Deficiency Letter

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14 Points Joined November 2022

Subject:

Deficiency letter (DL) and procedure to avail ITC

Descripttion:

Sir, After getting Deficiency letter (DL) from DGFT, We have to pay Proportionate Duty amount to get EODC Now my question is If we pay duty amount as per DL , then we can not get ITC on it. as it not reflects in GSTR-2A/2B.

i) On the basis of this payment challan, How I can avail ITC ? Any circular over there ?
 
ii) Whether we have to make Revise BOE.. by which  Rule ? and  what is the procedure ?
 
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On 14 May 2025 at 16:23 Report
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Master in Accounts & high court Advocate
9060 Points Joined December 2011

To address your concerns about availing Input Tax Credit (ITC) after paying proportionate duty amount as per the Deficiency Letter (DL) from DGFT:

 Availing ITC - *Claiming ITC*: You can claim ITC based on the payment challan, but it might not reflect in GSTR-2A/2B immediately.

 According to GST rules, ITC can be claimed by filing GSTR-3B, including invoices received and matched with GSTR-2B. -

 *Relevant Documentation*: Ensure you have proper documentation, such as the payment challan and any other relevant documents, to support your ITC claim.¹

 Revising Bill of Entry (BOE) - *Need for Revision*: If there's a need to revise the BOE, you should follow the prescribed rules and procedures.

However, specific rules for revising BOE in this context aren't clearly mentioned in the available information. -

*Consulting Experts*: Given the complexity of GST and customs regulations, it's advisable to consult with tax professionals or experts familiar with DGFT and GST rules to guide you through the process.

Key Considerations - *ITC on Custom Duty*: ITC on custom duty paid on imports can be claimed in the month the payment is made, but it's essential to ensure compliance with all relevant regulations. - 

*Evidence and Compliance*: When claiming ITC, it's crucial to provide robust evidence confirming the authenticity of your claims to avoid departmental notices and orders.

 Given the specific nature of your query and the complexity of tax regulations, consulting a tax professional or expert in GST and customs law would be beneficial to ensure compliance and accurately navigate the process.

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On 14 May 2025 at 17:07


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