Ineligible ITC under section 16(4)

Yes it is time barred under section 16(4)

Section 16(4) blocks ITC if not claimed by the earlier of these two dates: November 30 following the financial year, or the date of filing the annual return (GSTR-9).

For FY 2023-24: ITC was blocked if not claimed by November 30, 2024 or before GSTR-9 was filed, whichever came first.

IF YOU RECEIVED A DEMAND NOTICE: Check which financial year it covers.

FOR FY 2017-18 TO 2020-21 ONLY: Section 16(5) provides special relief. If the ITC was actually taken in GSTR-3B filed on or before November 30, 2021, that credit is now validated and the Section 16(4) demand for those years is rectifiable via the portal. If you have a passed order for those years, apply for rectification under the special procedure.

FOR FY 2021-22 ONWARDS: No blanket Section 16(5) relief. You need to verify:
1. Whether the ITC was taken in GSTR-3B within the time limit
2. Whether any debit notes were claimed before the cut-off
3. Whether the GSTR-9 filing date advanced the cut-off (if you filed early)

GSTAT APPEAL DEADLINE: If you have an appellate or revisional order communicated before April 1, 2026, the deadline to file an appeal before GSTAT is June 30, 2026. If this applies, do not miss it.

For the full ITC time-limit conditions and how Section 16(5) relief applies in practice: [GST Section 16(4) ITC deadline guide](https://taxgarden.in/blog/gst-section-16-4-itc-time-limit-annual-return-india-2026)