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Inadmissible Credit GST USo 16(4) Pls help


shailesh kumar   22 January 2020

shailesh kumar

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Dear .........GSTN

As you are aware, in terms of provisions of Section 16(4) of the CGST Act, 2017 any of the registered persons filing their GSTR-3B return in respect of the last two financial years (July 2017-March 2018 and 2018-19) after 30.04.2019 and 20.10.2019 respectively, could not have availed any credit on invoices or a debit note pertaining to the relevant financial year except in respect of IGST paid on import of goods by such registered persons. Accordingly, any credit availed in violation of provisions of Section 16(4) is inadmissible.

2. Records indicate that you have filed your GSTR-3B return for Mar-2019 after the said due dates in which you have availed credit of Rs.37000 which is inadmissible under Section 16(4) of the CGST Act, 2017.

3. You are advised to deposit the amount equivalent to tax paid using such inadmissible credit through FORM DRC-03 with applicable interest.

4. In case the opportunity for voluntary compliance as suggested is not availed, appropriate action for recovery of tax paid using such inadmissible credit with interest and imposition of penalty shall be initiated as per the law.

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Vishal Agarwal   22 January 2020

Vishal Agarwal

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Was your problem solved

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shailesh kumar   22 January 2020

shailesh kumar

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I can pay with itc , its relief i got

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Vishal Agarwal   22 January 2020

Vishal Agarwal

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You can pay with itc but the itc for the month of March becomes nil????

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MD. YOUSUF (Service)     22 January 2020

MD. YOUSUF
Service 
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The last date for Annual Return for 17-18 & 18-19 have been extended upto 31-01-20 & 31-03-2020 respectively. You can claim ITC for these two years in GSTR 3B even now. It is not clear how the tax authority is using the two dates as mentioned in your query and their relevance in claiming ITC as per section 16(4).

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shailesh kumar   22 January 2020

shailesh kumar

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Earlier i claimed , the same have to pay by ITC. I think march itc will be as it is.

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Vishal Agarwal   22 January 2020

Vishal Agarwal

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Still not clear how will you pay by itc

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CA Raghava Reddy Simmula   23 January 2020

CA Raghava Reddy Simmula

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When you have filed the GST 3B of Mar-19

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shailesh kumar   23 January 2020

shailesh kumar

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Dec 19

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Rajat Vats   23 January 2020

Rajat Vats

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Sir I have also got the same message... Please do help 

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