banner_ad

ITC of IGST wrongly claimed in CGST and SGST

ITC / Input 756 views 3 replies

Good Morning,

One dealer was having purchase bill of IGST of Rs.500000 (Basic Value) plus IGST of Rs.90000 in FY 19-20. While filing GSTR-3B, dealer wrongly claimed ITC of this bill in CGST of Rs.45000 and SGST of Rs.45000 instead of claiming IGST ITC of Rs.90000. GST Department has issued notice to dealer saying that dealer has wrongly claimed ITC in CGST of Rs.45000 and SGST of Rs.45000. There was no other purchase during the FY 19-20 since dealer started business in March 2020.

There was one service bill raised in March 2020 in which there was tax liability of IGST of Rs.36000 which was paid from CGST ITC.

There was no other transactions in FY 2019-20 apart from this one purchase and one sale transaction.

What could be the solution to this situation.

Kindly give your valuable suggestion.

Thank You

 

 

Replies (3)

In my opinion, it's important to initially respond appropriately to the AO regarding notices received. If the AO permits, you can rectify any mistakes. Otherwise, you may need to file a rectification application after receiving the final order.

The impact is revenue neutral. There may not be need of reversal/ pay back as it does not lead to overall excess claim of ITC. 

Recently, Kerala High Court held that rectification application to be considered by the GST Department if ITC wrongly claimed under CGST and SGST instead IGST - Divya S. R. v. Union of India [WP(C) No. 38 Of 2024 dated January 03, 2024].

You can fight on these two grounds.

Thank you for the reply


CCI Pro

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
Featured 29 April 2026
Manager- Finance and Compliance

Naveen Fintech Pvt Ltd

Kolkata

CA Inter

View Details
Company
Featured 28 March 2026
Accountant

Ashok Amol & Associates

New Delhi

B.Com

View Details
Company
Featured 28 March 2026
CA Final

Ashok Amol & Associates

New Delhi

CA Final

View Details
Company
Featured 02 May 2026
Senior Executive

hitesh chandwani & co

Pune

B.Com

View Details
Company
Featured 14 April 2026
GST CONSULTANT

Abhishek G Agrawal & Co.

Korba

CA Final

View Details
Company
Featured 13 April 2026
GST CONSULTANCY

Abhishek G Agrawal & Co.

Korba

CA Final

View Details