I had purchased goods from XYZ party on 25/01/2020 ( FY 19-20) he had given me tax invoice so I claimed ITC ..
But the xyz party has filed GSTR 3B and paid the tax collected from me to the government but he didn't filed GSTR 1 of that month .... He has filed GSTR 1 of that month on 31-12-2020... will I be able to claim ITC
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ITC Claim of GSTR 1 late filed invoice
Replies (3)
Yes claim itc
GSTR 1 filed after annual cutoff sir
In my opinion doesn't matter since rule 36(4) doesn't have a legislature untill budget is passed.
Rule 36(4) can delay taking of itc but it cannot deny itc altogether if conditions of section 16 are fulfilled
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