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ITC under 16(4)

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gowrishankar

bangalore

56 Points Posted on 05 February 2022

Dear experts I need clarification and notification for below mentioned query.

one of my client was running pharmacy retail business registered Gst registration under regular scheme in the year 2017 and later he shifted to composition scheme after completion of 2018 March & for financial year 2017-18 he was not filled 3b and gstr1.While filing annual returns we came to know that fy 2017-18 returns are pending for filing annual return or 4a return and later we filled by claiming input tax credit with late fees and now dept send notice under not eligible itc under section 16(4).we claimed itc same period.please clarify

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Quick Summary

This discussion concerns a pharmacy retail business that failed to file GSTR-3B and GSTR-1 for FY 2017-18. Despite later filing annual returns and claiming Input Tax Credit (ITC) with late fees, the department issued a notice under Section 16(4) deeming the ITC ineligible due to time limits. The user seeks clarification on whether this ITC claim is valid or if it has lapsed, given the claim was made for the same period but filed much later.