Tax Consultant
1117 Points
Posted on 03 June 2026
A Section 16(4) notice means the department is questioning ITC you claimed beyond the statutory deadline.
Under CGST Act, Section 16(4): ITC on invoices for a financial year cannot be availed after November 30 of the following year, OR the date of filing the annual GSTR-9, whichever is earlier.
So if you claimed FY 2024-25 invoices after November 30, 2025 in GSTR-3B, those credits are time-barred regardless of whether they appear in GSTR-2B.
Steps to respond:
1. Identify the specific invoices flagged. Check which financial year they belong to.
2. If they are genuinely late claims, reverse the ITC in Table 4B(2) of the next GSTR-3B and pay the tax with interest at 18% per annum from the date of utilization.
3. If the invoices are actually for FY 2025-26 (not the prior year), this is a departmental error. Reply with invoice copies and GSTR-2B screenshots showing the correct tax period.
4. File the reply through GST portal: Services > User Services > View Notices and Orders.
Getting the categorization right (time-barred vs wrong-year) determines whether you pay or contest.
This [GST return filing guide](https://taxgarden.in/blog/gst-return-filing-proprietorship-india-step-by-step-2026) covers ITC reporting in GSTR-3B and how to avoid similar notices going forward.