ITC can claim or not?

ITC / Input 232 views 6 replies
Need your valueble advice. my client vendor not filed his invoices for 1819fy worth of ITC Rs.236868.00/-. and we are also not claimed in 3B in that year. but we forced to vendor file in gstr1 then he filed in 1920FY jan-20 month. we filed his IT returns on 14.2.20 but as per client books that ITC taken. we can claim that ITC in 1920fy for March-20 month?
Replies (6)
No ... you cannot .
As per proviso to Section 16 , The ITC for FY 2018-19 can be claim till due date of furnishing return for September 2019.
ThaNm u for your qk response
Refer the Provision of Section 16(4) of the CGST Act 2017. Last date to claim ITC is the date of filing Annual Return or the due date of filing September month's GST Return, whichever is "EARLIER".

So the last date to claim ITC for FY 2018-19 was 20th October 2019.
Thank u Sival RC sir. Actually it is not my mistake. Supplier not filed before the sept-2019 in gstr1. Can i claim in this year as same invoices reflecting in current fy 2A? How can i get this ITC? Pls need advice...
Originally posted by : Srinivas Ch
Thank u Sival RC sir. Actually it is not my mistake. Supplier not filed before the sept-2019 in gstr1. Can i claim in this year as same invoices reflecting in current fy 2A? How can i get this ITC? Pls need advice...

 

Sorry Dear...

You can't claim such ITC if it's Your mistake or Supplier's mistake. So, Discuss the same with Your supplier and ask to him for return.

No, the ITC cannot be claimed in FY 19-20 because the last date to avail the ITC of FY 18-19 have passed. 


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