shailesh kumar 22 January 2020
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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MD. YOUSUF (Service) 22 January 2020
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).