21 November 2020
@ 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.