Get 3 Yrs of CCI Pro Membership at Greater Value. Subscribe Now!

Notice of ITC

529 views

Save Share

pritesh

CA Final student

4750 Points Posted on 29 April 2023

Hello All,

Gst return for 18-19 has been filed in April 2022.

The department has sent the notice for denial of ITC claimed in 3b because it has been claimed after the due date according to section 16(4). Notice has been sent to reverse ITC along with interest and penalty.

Can we challenge this?

Is there any judgement of the supreme court or high court or any other judgement.

Replies (5)

Quick Summary

A GST notice has been issued for the denial of Input Tax Credit (ITC) claimed after the due date, citing Section 16(4) of the Act. The notice demands reversal of ITC with interest and penalties. While the GST Act offers no immediate solution, there's discussion about challenging this in court, with some cases pending. It's advised to respond to the notice and keep the case active, especially if the amount involved is significant, while awaiting potential favourable court decisions.

Pankaj Rawat

GST Practitioner

29904 Points Posted on 30 April 2023

In my view NO
As it is prescribed in the Act.

Jeetu Kodwani

Consultant

291 Points Posted on 30 April 2023

No solution for this in GST Act but many corporates has challenged this in sec in court and no case has been decided yet.
for Eg. Meta Tiles Pvt Ltd at Bombay High Court.
we need to wait for some judgments.

for the time being u need to reply and keep the case live till the judgement comes.

sabyasachi mukherjee

Profession

19978 Points Posted on 30 April 2023

But the applicant can apply for the same and get some relief .

pritesh

CA Final student

4750 Points Posted on 30 April 2023

@ jeetu kodwani

order has been passed so i should wait to file the appeal .
because there is a time limit to file appeal is 90 days..before that if any judgement comes it would be helpful in filing the appeal.