Partner - Audit & Assistance
4825 Points
Joined December 2018
GSTR 9 is cannot be used to claim the credit. self-assessed returns are only allowed and reading of Section 41(2), 49(4), mean that GSTR 3B/3 are the only returns through which ITC can be claimed.
Alternate view is to consider that there is no revenue impact and credit as such has not been taken in excess but only under the wrong heads. As GST is a new law, we do not know how the Courts would address the issue.