Dear sir
I have claimed IGST ITC instead of CGST ITC in the FY 2018-19. Due to this in the portal differences is being shown. How to correct this as now we are in FY 2020 ? If am choosing to file GSTR 9 even though turnover below 2cr.
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ITC - IGST claimed In the place of CGST
Replies (7)
Quick Summary
When you file gstr-9 you have to pay igst and you can claim refund of cgst.
Yes need to pay IGST , but now you won't be able to claim CGST.
Even though you avail CGST input by reporting it in annual return but it's not going reflect in your ECL. & due time barred as per section 16 of CGST Act .
Even though you avail CGST input by reporting it in annual return but it's not going reflect in your ECL. & due time barred as per section 16 of CGST Act .
Cannot report it in your current GSTR 3b
Sir as u said it's time barred as per section 16 of chat act, but if I refer to section 19 of igst act, it says tax wrongly paid can claimed as refund. sir please refer to section and guide me.
U have claim igst which is in actual cgst and sgst , therefore u have to reverse igst which is wrongly availed and... u have not claimed cgst and sgst for 2018-19 for which last date 30th sep 2019 or annual return whichever earlier as per sec 16.. therefore u cant to take such itc now but u have to reverse excess itc claimed
Dear Vikram
As per section 77 of cgst & section 19 of IGST, The registered person who has paid IGST on transaction considered by him as inter-state supply, but which subsequently held to Intra-state supply (vice versa) , So wrongly deposited tax can claim as refund, means the wrongly deposited tax is lying in your cash ledger (not being setoff) .
So the above section is specifically speaks of transaction related to Outward supply. hence not applicable in your case & as per section 49 of cgst act the credit ledger balance can be set-off against output tax liability , so you cannot reverse the wrongly claim IGST , need pay in cash ledger & for cgst/sgst credit which was not avail till Sept -19 will be lapsed
Thank u so much for your analysis
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