ITC for Previous Year can be claim Till annual Return

ITC / Input 812 views 14 replies
Fixed time to claim ITC as mentioned in 16(4) read with notifications is the due date of return i.e. 20th Oct or annual return which ever is earlier ! High courter affirms the view of CA sh. Bimal Jain that gstr3b is not a return , bt gstr3 was a return which stands suspended , so accordingly one can claim credit till due date of annual return , bt the format of present annual return does not provide so !
Replies (14)
Which high Court has given such order. can u pls attach the judgement
which high court sir??
@ Pritesh

Gujarat High Court At Ahmedabad

R/Special Application No. 18962 of 2018

AAP And Co. Chartered Accountant Through Authorised Partner
Versus
Union Of India

Date 7/12/2018

can provide you the copy of Order give Your What's Number
Originally posted by : Pankaj Rawat
@ PriteshGujarat High Court At AhmedabadR/Special Application No. 18962 of 2018 AAP And Co. Chartered Accountant Through Authorised PartnerVersusUnion Of IndiaDate 7/12/2018can provide you the copy of Order give Your What's Number

 

Originally posted by : Pankaj Rawat


DEAR ITS IN PNG FORMAT UNABLE TO UPLOAD .... HERE

Originally posted by : Pankaj Rawat




@ PriteshGujarat High Court At AhmedabadR/Special Application No. 18962 of 2018 AAP And Co. Chartered Accountant Through Authorised PartnerVersusUnion Of IndiaDate 7/12/2018can provide you the copy of Order give Your What's Number





 

 

Sir, I have gone through the above mentioned order and attached herewith. Honble' court has just ordered to issue notice returnable on 9th January 2019. It's not declared that ITC for FY 2017-18 can be claimed till annual return date.

Thank you for sharing the same immediately and enriching our knowledge.

@ Sunarajan S

Absolutely dear, govt of India would reply to the notice ! It's just the interpretation of the provisions as on date, which in my view too is correct !

It is an unfair law- which would be challenged and hopefully struck down as illegal/ arbitrary. Till then avail credit in 3b and reverse under protest. Once HC confirms availability avail credit with intimation to revenue. 

Sir but in earlier legislations like VAT also there were similar restrictions right? In TNVAT if I'm not wrong, Instead of the following FY September return, till the end of next FY was given. eg: last date to avail ITC of 17-18 shall be the return of March 2019.
Originally posted by : Sundararajan S
Sir but in earlier legislations like VAT also there were similar restrictions right? In TNVAT if I'm not wrong, Instead of the following FY September return, till the end of next FY was given. eg: last date to avail ITC of 17-18 shall be the return of March 2019.

I'm sorry I have given wrong example. It's end of relevant FY or 90 days from date of purchase whichever is later in TNVAT Act. 

In VAT ITC was a deduction. IN GST it is a credit like cenvat credit. More like a right in GST I think. Courts will confirm in due course of time. 

But here in GST it's not a Taxpayer mistakes that he being deprived to avail credit .
Once all three returns become proper without technical glitches, these issues would become stabilised I think.

YES CORRECT yes, THATS WHAT MY ASSUMPTION IS....


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