Notice of ITC

250 views 5 replies
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)
In my view NO
As it is prescribed in the Act.
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.
But the applicant can apply for the same and get some relief .
@ 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.
If involved amount is high, go for the appeal. We can expect new favouring decisions.
Regards


CCI Pro

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