If ITC not claim in GSTR-3B but declare in GST Annual return.
Same as Tax on outward liability not paid in GSTR-3B but show in GST Annual return.
Can we declare that the tax on outward liability may be adjust by ITC which was not claim in GSTR-3B but claim in Annual return.
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ITC claim benefits in Annual Return
Replies (7)
Quick Summary
ITC cannot be claimed in Annual Return.
Only possible through GSTR-3B
Though you can not claim ITC in annual return. You can set off the unclaimed ITC with unpaid liability as it is a revenue neutral situation for the government. However, this is subject to litigation. There are favorable judgements of Supreme Court in the erstwhile regime.
Mayank sir can you refer any one judgment on that situation?
Narmada Chematur Pharmaceuticals Ltd [2005 (179) E.L.T. 276 (S.C.)
Any GST period Judgment?
No sir. No judgement in the GST period.
Ok sir Thanks
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