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Eligibility of ITC

SURESH KUMAR SHARMA (39 Points)

24 January 2020

I Have filed GST3B Return for the month Nov18 after due date of filing GSTR3B for the Sept-19.

Pls confirm whether eligible to avail ITC or not.

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20 Replies

Roshni (Studwnt) (1141 Points)
Replied 24 January 2020

ITC can be claimed within one year from the date of invoice

RAJA P M ("Do the Right Thing...!!!") (127511 Points)
Replied 24 January 2020

@ Mr SURESH KUMAR SHARMA.,

Can You give some more details of the query...?

As You filed Nov-18 GSTR 3B return after the due date of Sep-19 GSTR 3B return...

What about Your other month's returns?

sidhu (Tax consultant) (70 Points)
Replied 24 January 2020

Input tax credit with respect to Nov 18, can only be availed until due date for filing GSTR-3B return for the month Sep 19.

else the Input tax credit can not be availed under section 16(4) CGST Act, 2017.

Text provided below -
(4) A registered person shall not be entitled to take input tax credit in respect of any invoice or debit note for supply of goods or services or both after the due date of furnishing of the return under section 39 for the month of September following the end of financial year to which such invoice or invoice relating to such debit note pertains or furnishing of the relevant annual return, whichever is earlier.

RAJA P M ("Do the Right Thing...!!!") (127511 Points)
Replied 24 January 2020

@ Mr Sidhu.,

I agreed with You as per section.
But,
The section says ".... September GST returns or Annual Return whichever is earlier...". It's not says due date of said returns....

@ Mr. Roshini.,
The one Year concept not in GST...

SURESH KUMAR SHARMA (39 Points)
Replied 24 January 2020

All were filed after Nov-18 returns

RAJA P M ("Do the Right Thing...!!!") (127511 Points)
Replied 24 January 2020

Yes... You can claim such ITC.

sidhu (Tax consultant) (70 Points)
Replied 24 January 2020

@ Raja pm,

You need to understand the term "earliest" and the practical aspects involved -

The earliest of both dates i.e.,

a) "September 19 GSTR-3B due date which is in Oct 19 (or)
b) Annual return for FY 18-19 i.e., March 2020

will always be Oct 19. How can we go for 2nd limb - Mar 2020, which is later of the two dates. Please text back for any clarifications required.

@ Suresh, sorry to interrupt in a replied query. Just to clear my answer above - the credit for FY 18-19 can only be availed until the due date for filing GSTR-3B for SEP 19.

Roshni (Studwnt) (1141 Points)
Replied 24 January 2020

😜Annual return last day for FY 18-19 is Dec 2019 and not Mar 2020

RAJA P M ("Do the Right Thing...!!!") (127511 Points)
Replied 24 January 2020

( Please text back for any clarifications required. )

no more clarification required as text if you think it's as text...

The due date not of said returns not in the said section. it's says filing of returns...
In case itc not available after due date of RETURNS then nobody claim ITC in any months after 20th of the every month...

( You need to understand the term "earliest" and the practical aspects involved )

I'm already understood the terms and provisions of the details with practical aspects. Better to get back details...

In case it's not acceptable by You then give correct solutions or just get back...

RAJA P M ("Do the Right Thing...!!!") (127511 Points)
Replied 24 January 2020

@ MT Sidhu., Just type "Mr / Mrs / Ms / Shri before type (text) any name. That's good everybody...

RAJA P M ("Do the Right Thing...!!!") (127511 Points)
Replied 24 January 2020

Sorry for wrongly typed Mr as MT (in mobile dictionary).

Roshni (Studwnt) (1141 Points)
Replied 24 January 2020

Sir what sidhu told is correct...it is earliest of
1. due date of furnishing of return as specified in sec 39 for September month ie 20/10/2020 or
2. due date of filing Annual return ie.31/12/2020

RAJA P M ("Do the Right Thing...!!!") (127511 Points)
Replied 24 January 2020

Please understand the provisions. If Due date is final for the ITC then what about I'm filling my GSTR 3B return for the month of Dec-19 on 21st Jan-20. Is ITC available or not in 21st January 20 for December 19...

Roshni (Studwnt) (1141 Points)
Replied 24 January 2020

It is available in your example sir...the due date of September which we are talking is of next year ie in the current case return of 2018...we are looking for due date of sept 2019 and not sept 2018

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