GST RCM CREDIT

RCM 278 views 10 replies

Whether GST paid after 2 years in arrears under RCM with interest can be availed and utilised against current output?

Replies (10)
Since it is form part of electronic cash ledger, ITC can be availed
Yes you can as ITC available on RCM on payment basis
I differ. for rcm also, time bound claim is required.
But if someone pay RCM of 17-18 now then how he get input
Cash will be paid for RCM and not the credit adjustment
I know it but after paying it you need to claim ITC back. I am asking the query from Kishor Lulla. Let him reply , don't put your fingers I'd you don't know reply

 No ITC can be availed if any payments under RCM made after filing Annual Return. Section 16(4) will apply here.

Section 16 will be applicable
Ok thanks for informat
No you cannot claim ITC .

Legal Comment :
Tax paid Under Reverse charge available as input Tax :
As per the definition of Input Tax , u/s 2(62) it includes the taxpayble under provision of 9(3)(4).
& As per Section 16(4) it's time limit is prescribed to claim ITC .

Note : It was in press released in regard to reporting RCM entries in GSTR9 in FY being deposited in cash .

Why RCM is paid In Cash :
As per the definition of Output Tax Under section 2(82) excludes taxpayable on Reverse Charge . Since RCM is not considered as part of Output Tax so input tax cannot be utilized for payment tax under reverse charge , so need to be pay in cash


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