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ITC - IGST claimed In the place of CGST


vikram (nothing)     21 May 2020

vikram
nothing 
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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.

avater

DEEPANSHU SINGH (ARTICLE)     21 May 2020

DEEPANSHU SINGH
ARTICLE 
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When you file gstr-9 you have to pay igst and you can claim refund of cgst.

avater

Pankaj Rawat (GST Practitioner)     22 May 2020

Pankaj Rawat
GST Practitioner 
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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 .

avater

Pankaj Rawat (GST Practitioner)     22 May 2020

Pankaj Rawat
GST Practitioner 
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Cannot report it in your current GSTR 3b

avater

vikram (nothing)     22 May 2020

vikram
nothing 
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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.

akash malhotra (student)     22 May 2020

akash malhotra
student 
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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

 

avater

Pankaj Rawat (GST Practitioner)     22 May 2020

Pankaj Rawat
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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

 

avater

vikram (nothing)     23 May 2020

vikram
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Thank u so much for your analysis


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