Notice received -to pay ineligible ITC 2018-19 due to late filing March 2019 3B

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27 Points Posted on 29 February 2020

My client filed 2019 march GSTR 3B on 21.11.2019 claiming ITC of Rs. 37000/- . Now notice received from department to pay ineligible ITC of March 2018-19  Rs. 37000 along with interest as due date for  filing March 2019 is over (i.e due date is 20.10.2019(2019 sept return due date).

Now what to do?. Kindly Suggest.

 

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On 29 February 2020 at 14:22 Report
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A client filed their March 2019 GSTR 3B late, on 21.11.2019, claiming ITC. They've now received a notice from the department demanding repayment of the ITC, amounting to £37,000, plus interest. This is because the due date for filing the September 2019 return (which covers the deadline for claiming 2018-19 ITC) was 20.10.2019. The consensus is that the department's notice is correct under Section 16 of the CGST Act.

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"Do the Right Thing...!!!"
77792 Points Posted on 29 February 2020
Now what to do?. Kindly Suggest.

Department is correctly issue the notice. Better Considering the issue with GST officials in Your circle.
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On 29 February 2020 at 14:41
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GST Practitioner
29904 Points Posted on 01 March 2020
Yes department is correct , as per Proviso in section 16 of CGST you can claim ITC for FY 2018-19 till September 2019.

You are liable to pay
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On 01 March 2020 at 17:25
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37 Points Posted on 05 April 2020
Yes I agree and in my opinion last date to get 2018-19 itc till Sept 2019 GST return.
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On 05 April 2020 at 18:57

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