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ITC-Annual Return


Deep Ranjan (article)     21 November 2020

Deep Ranjan
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Can we take ITC of one party who have filed return after 31-10-2019 which is the cut off date for ITC of Annual return showing in Table 8A.
As ITC of that party is showing in our GSTR-2A of 2018-19 but in annual return it is not showing in Table 8A.
Shivam RC

Shivam RC (Student)     21 November 2020

Shivam RC
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No Sir you cannot claim ITC since the due date for claiming ITC pertaining to FY 2018-19 is over. Hence it is lapsed.
JATINDER KUMAR

JATINDER KUMAR (Accountant)     21 November 2020

JATINDER KUMAR
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No, you can not take
Deep Ranjan

Deep Ranjan (article)     21 November 2020

Deep Ranjan
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But as per sec 16 we have complied all conditions. but suppliers return is filed after due date.
JATINDER KUMAR

JATINDER KUMAR (Accountant)     21 November 2020

JATINDER KUMAR
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No, you can not claim ITC due to your supplier return filed after September Month Return due date
Shivam RC

Shivam RC (Student)     21 November 2020

Shivam RC
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@ Deep Ranjan Sir,

Section 16(4) of the CGST Act 2017 is applicable in this case. The last date to claim ITC for a particular FY is the due date to file Return for the month of September following the FY or the date of filing Annual Return, whichever is earlier. Hence 31/10/2019 was the last date to claim ITC pertaining to FY 2018-19.

The FOUR Conditions as laid down U/s 16(2) of the CGST Act 2017 to claim ITC are as follows :

(a). Possession of a Tax Invoice.
(b). Received the Goods or Services.
(c). The Supplier must have paid the taxes to the Government exchequer, and
(d). Recipient must have filed the Return.

So unless and until your Suppliers pays the taxes to the Goverment, you will not be eligible to claim ITC.
Deep Ranjan

Deep Ranjan (article)     21 November 2020

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@ Shivam RC
quoted section is exactly right and as we are recipient and we have filed return timely but the supplier has late filed the return.
Shivam RC

Shivam RC (Student)     21 November 2020

Shivam RC
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Yes Sir. This is a very big problem being faced by the trade and industry. Why should a genuine Recipients credit be denied due to the fault of a dishonest supplier ??? The GST Law needs to be changed.
Deep Ranjan

Deep Ranjan (article)     21 November 2020

Deep Ranjan
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Thank u all for helping
Shivam RC

Shivam RC (Student)     21 November 2020

Shivam RC
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Always Welcome @ Deep Ranjan Sir...
Pankaj Rawat

Pankaj Rawat (GST Practitioner)     30 November 2020

Pankaj Rawat
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As per Section 155 of CGST Act , the liability is on Recepeint when Supplier default in any tax deposit.

Hence Recepeint is liable.

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