28th February, 2021 Thus, under the GST regime there will be a standardised form for making any claim for refunds. As soon as the registered person take his eligible ITC in his return the credit will be available in the Electronic Credit Ledger (‘ECL’), his claim is provisionally accepted, subject to matching, mis-matching elements with the supplier report in his form GSTR-1. Maintained by V2Technosys.com, Taxguru Consultancy & Online Publication LLP, 509, Swapna Siddhi, Akurli Road, Near Railway Station, Kandivali (East), Time limit and other conditions to claim ITC, AAP & Company, Chartered Accountants v/s Union of India”, the Gujarat HC, Supreme Court vide Union of India & Others Vs AAP And Co, Amount received for security services including amount of wages for guards taxable @18%, GST on ocean freight and scope of delegated legislation, Advisory on Reconciliation Statement (GSTR-9C ), Exclusion of small scale ice cream manufacturers from composition scheme benefit to be reconsidered by GST Council. GST is a new law which is undergoing regular amendments, clarifications and different interpretations. In case of imports, IGST will be discharged by filing bill of entry which would be the document to claim ITC of IGST paid on imports. In your case, credit on the invoice dated March 20 can be taken in GSTR 3B of Sep 2020 provided conditions under section 16(2) satisfied. Copyright © TaxGuru. under GST regime. So, restriction of time limit should not be applicable in case of Bill of Entry. Maintained by V2Technosys.com, Taxguru Consultancy & Online Publication LLP, 509, Swapna Siddhi, Akurli Road, Near Railway Station, Kandivali (East), Maximum time limit to avail Input Tax Credit (ITC) under GST, Central Goods and Services Tax, 2017 (CGST Act, 2017), Direction to UOI & CBDT – Exercise of power under CGST Section 83, The order of confiscation of goods is wholly arbitrary and illegal, Extended Power to Provisional Attachment under GST by Finance Bill, 2021, Limitation period to raise demand under Section 73 & 74 of CGST Act, 2017, GST: Power to summon persons to give evidence & produce documents, Amount received for security services including amount of wages for guards taxable @18%, GST on ocean freight and scope of delegated legislation, Advisory on Reconciliation Statement (GSTR-9C ), Exclusion of small scale ice cream manufacturers from composition scheme benefit to be reconsidered by GST Council, Will exemption from ITR filing proposal for senior citizen will work, No Reopening On Borrowed Satisfaction Without Bringing Tangible Material on Record, HC directs DGFT Surat decide on removal of IEC code from denial entity list, Reserve Bank of India (Digital Payment Security Controls) directions, 2021, SC rules that Reasoned Judgements to be delivered along with Operative Orders, Section 153C: ITAT directs CIT(A) top examine recording of satisfaction, Model Financial Statements for Non-Corporate Entities, Mixed fund Presumption cannot be applied to Specific Purpose Loan, Submit Letter of Undertaking (LUT) for FY 2021-22 by 31.03.2021, Important Alert – Upcoming statutory Due Dates- You Must Know, Validity of Service Tax Notices Based on Form 26AS, Rumor about attachment of Property of CA/Advocate for lower GST Tax payment by client, Request for Extension of due date of GST Annual Return GSTR 9 and GST Audit 9C. Therefore, even if the returns for the period 2017-2018 are filed after March -2019 such dealers are able to take input tax credit for the inward supplies of 2017-2018 the details which should have been uploaded in GSTR 1 before March -2019 by the supplier. Further, in case of return under Section 39 of the CGST Act, 2017, FORM GSTR 3 is specified in Rule 61 of the CGST Act, 2017 but no time period is specified to file this form i.e. In terms of Section 16(4) of CGST Act, a registered person is eligible to take credit with respect to the invoice or debit note for inward supply goods or / and services, earlier of the due date for filing of GSTR 3B for the month of September for subsequent year or filing of annual return for the period to which such invoice or debit note pertains to. In order not to lapse the credit, suggested to take and not to utilize such credit for payment of outward tax liability and also Interest on the same will also not applicable unless the credit is not utilized for payment of taxes. I think I went wrong somewhere as regular amendments are making it tough for professionals & busimess to cope with understanding. Can you Please clarify me whether any kind of restriction is there that invoice can’t be more than 1 years old. Time limit for availing ITC for F.Y. The notification released by the Central government on 26th December, 2019 stats that, effective from the 1st January, 2020, “20 per cent” ITC for non-invoice GST returns will be replaced with “10 per cent” ITC. Required fields are marked *, Notice: It seems you have Javascript disabled in your Browser. Special thanks to CA Mahadev R for inputs. Dear sir, If the conditions as mentioned in section 16(2) CGST Act is satisfied, then the recipient is eligible to claim the credit, as Rule 36(4) restriction to avail the credit was not applicable for FY 18-19. In case the invoice has been issued within 30 days from the date of provision of service then the time of supply is earlier of date of invoice or date of receipt of payment. So, in my view, the intention of the legislature is to restrict claim the ITC beyond the time limit as mentioned in section 16(4). 30/2020 – CT, dated 3rd April 2020, in Sep 20 GSTR 3B return rule 36(4) has to be considered on a cumulative basis for the month of February, March, April, May, June, July, August 2020. FORM GSTR 3 whether in Section 39 or Rule 61. Sir, 16/2020 dated 23 March 2020 to make certain amendments to the Central Goods and Services Tax (CGST) Rules, 2017 with respect to the refund mechanism under GST for the zero-rated supply of goods and/or services with or without payment of IGST. So the time limit to claim the ITC on IGST paid through Bill of Entry will not be applicable. Input Tax Credit (‘ITC’) Mechanism under the Goods and Services Tax (‘GST‘) law is a critical success factor for the compliance and administration of GST law in India. Currently, taxpayers do not have a facility/ opportunity to review the invoices uploaded by their suppliers, corresponding to their ITC claims. Therefore, the due date for filing the … But section 16(4) which talks about the time limit to claim the ITC (i.e. The author could be reached at [email protected] for any queries / feedback. Hello. ITC to be allowed even if supplier failed to pay taxes to Government. In case of “AAP & Company, Chartered Accountants v/s Union of India”, the Gujarat HC held that Form GSTR-3B is not a valid return under section 39 of CGST Act, 2017. As per section 16(4) of CGST Act, 2017, last date for taking input tax credit in respect of invoice or debit note pertaining to a financial year is. As per the provisions of Section 16(4) of the CGST Act, the maximum time period within which an ITC pertaining to an invoice can be claimed is up to the due date of furnishing of return under section 39 of the CGST Act for the month of September, of the next financial year to which such invoice relates. Thanks in advance. Can I claim refund of gst for non receipt of payment. Is there any change for sept 20 gstr3b return regarding rule 36(4) for small taxpayers? Ie only figures are to be put in excel or there is any system to it where I can put details regarding the invoices not reflected in gstr 2b i want to claim ITC in GSTR 3B. 10 Changes in GST as per New Notification 94/2020 applicable from 1 January 2021 10 Changes introduced CGST(Fourteenth Amendment) Rules 2020 1) Restriction on claim of ITC as per Rule 36(4) The claim of ITC in respect of invoices not furnished by the corresponding vendors has now been restricted to 5% of the credit available in GSTR 2B. With gstr 2a, i am able to view the inputs. What is the solution available to me ??? Moreover, it is also important to note that the return in FORM GSTR 3 continued to be deferred due to technical glitches right from its introduction and is still suspended. He can claim the ITC based on that invoice. 2. Sir How to claim itc in sept 3b return if supplier is quarterly filing returns? Any pending ITC … CAN I CLAIM THE ITC OF F.Y. I have ITC of Ex- UP Purchased in GSTR 2A But Not now show in GSTR 2B. Also, could you please quote any reference/notification that BOE can go beyond the due dates of Section 16 (4) 75/2019 – Central Ta) Section 31(3)(f) read with rule 36 provide for it. In other words, either depreciation on the tax component can be claimed under Income Tax Act or ITC of such tax paid can be availed under GST laws. Kindly provide if you have any alternative view. Rule 47 of the CGST Rules prescribes the time limit for issuing the invoice for supply of services which is 30 days from the date of provision of service. But we should ensure that supplier has considered the invoice in his return. Join our newsletter to stay updated on Taxation and Corporate Law. The due date of filing of GSTR-3B for the month of September 2019 is 20th of October 2019. from there onwards i have to file regular returns for this can i claim input tax credit for the FY 2019-2020 and 2020-2021 please suggest me. Therefore, effectively the last date to claim ITC for the year 2017-18 was April 23, 2019. The due dates for filing of Form GSTR-3B returns for tax period of September, 2020, are as given below: Remarks: In the back ground of above, it is submitted that maximum time limit for availing ITC in respect of invoice pertaining to Financial Year 2019-20 and/or Debit Note of invoices pertaining to Financial Year 2019-20 is earlier of, 1. In terms of Section 2(98) of CGST Act, ‘reverse charge’ means recipient is liable to pay GST on inward supply of goods or/and services as notified by government under section 9(3) or supply from unregistered person under section 9(4) of CGST Act. Once the ITC is claimed in GSTR 3B there is no time limit to claime such ITC for outward liability as per provision of the act. As I already mentioned in my article, section 16(4) allows the registered person to take the credit within the due date for filing of Sep 3B or filing of annual return WEE.So, if your October month purchase is more and the invoice is uploaded by the supplier on a quarterly basis, such ITC can be taken on Sep 3B return. As per Section 16(4) of the CGST Act 2017, taxpayers can claim any pending ITCs for any particular month, till the September of the subsequent year or while filing the annual return GSTR-9 for the financial year in which the Input Tax Credit has been availed. This evidences that the recipient will be entitled to take input tax credit in respect of supplies effected during 2017-2018 , the details which should have been uploaded till March -2019 by the supplier under Section 37(1) of GST Act 2017 . The conditions for eligibility to ITC and eligible ITC have been prescribed which is more or less in line with pre-GST regime. Budget 2021: GST Audit by professionals scrapped? 1. It is also submitted that the Government has extended the due date for furnishing the Annual Return under Section 44 of the CGST Act, 2017 for the financial year 2019-20 from 31st December, 2020 to 28th February, 2021. In case the invoice is not reflecting in the GSTR 2A suggested to followup with the supplier to uploaded and declare the details in his GSTR 1. Recipient issues self-invoice for payment of tax and to claim credit on such taxes paid, under section 16(2). 1. Can we claim ITC for the period of Jan 2020 to Mar 2020? If ITC is not reflecting in GSTR 2A recipient not eligible to take the credit in excess of 10% eligible credit reflecting in GSTR 2A (as per Notification No. In order to submit a comment to this post, please write this code along with your comment: a6c9674d384add182a0a44cdabfe8948. Sir we need a suggestion , actually we received a Vendor bill of Mar-20 month, which booking and payment we forgot to done before 30-09-2020. CBIC has rolled out a new Notification (Notification 94/2020 under GST) in December 2020 informing taxpayers about the changes that will be implemented under GST … Dear Sir, This amendment restricted the … In such case, recipient cannot be treated as supplier of goods or /and services and restriction on time limit to claim credit on taxes paid u/s 16(4) will not be applicable. However, the department has filed an appeal against the above referred decision in Supreme Court vide Union of India & Others Vs AAP And Co, in (2019-TIOL-543-SC-GST) which is pending as on date. Previously I put the comment on composition scheme, in that case i have not submitted the annual returns for FY 2019-2020 and 2020- 2021. earlier FY years ITC claim time limit is upto Septermber 2020. A specific notification has not been issued saying the credit based on BOE can be claimed beyond the due date, but section 16(4) gives reference only to Tax invoice and Debit note to claim the credit within the due date as mentioned. On payment to the supplier can claim such credit again. The Central Board of Indirect Taxes and Customs (CBIC) has issued Notification No. Under this Article, we will try to explore the time limit for availment of credit. Can I claim ITC or not. ITC is the backbone of GST and a major matter of concern for the registered persons. Also, ROD 02/2018 of CT, dated 31/12/2018 has been issued for the period only for FY 2017-18, which is the first year of implementation of the GST Act, a similar kind of ROD has not been issued for FY 2018-19. Availing ITC under GST is time bound and the relevant provision in this regard is provided under Section 16(4) of the CGST Act, 2017. Once the ITC is claimed in GSTR 3B there is no time limit to claime such ITC for outward liability as per provision of the act. Through this order the department permitted claim of input tax on such such additional invoices, credit notes/debit notes upto 31.03.2019. (2) The credit referred to in sub-section (1) shall be utilised only for payment of self-assessed output tax as per return referred to in the said sub-section.”, While analysing the sentence ‘entitled to take eligible input tax credit’, it is necessary to refer sub section (1) of Section 41 and sub section (1) of the Section 16 of the CGST, 2017 and both the sections begin as follows “Every registered person shall subject to conditions and restrictions as may be prescribed”. Sir I am paid igst of buyer another GSTIN Number for fy 2018-19 but invoice not to be amend on gst portal still so please suggest how can amend this invoice in current FY. In this scenario whether department allows input tax credit. gst was simple in original forms. Bill date is 21-03-2020 and Now we are booking in Oct-20 month and doing payment. can we book GST-ITC in our book of accounts as on 30.09.2020 while doing Liability provisioning in compliance to TDS rules for the services received, but Invoice is not received. It is further clarified that failure to reverse excess claimed ITC for the period from February 2020 to August 2020 would be treated as “availment of ineligible ITC” which means such ineligible ITC would attract interest, if utilised against output GST liability for the respective months (i.e. One of the main objects of GST Law is to avoid the cascading effect of taxes and to ensure seamless flow of credits whereas GST Law includes provisions, restricts admissibility of ITC of goods and/or services. Dear sir, as the supplier has filed the GSTR 1 with the incorrect GSTIN, it is suggested to reverse the ITC claimed with interest from the date of availing till the date of reversal and can take the ITC once the supplier uploads the details with the correct GSTIN. The Removal of difficulty Order dated 02.10.2018 is issued as clarification for claim of input tax of such additional invoices or credit notes / debit notes issued subsequently in relation to supplies effected during 2017-2018. Section 6 deals with the relaxation of time limit under the Central Excise Act, 1944, Customs Act,1962, Customs Tariff Act, 1975, and Finance Act, 1994. “The 31st day of December, 2020 shall be the end date to which the time limit for completion or compliance of such action shall stand extended,” the board notified. for the Financial year 2020-21 we received advance during FY 2019-20 whereas GST been discharged and advance received receipt been issued to the party but due to this Covid-19 we are cancelling the scheduled FY 2020-21 event whereas most the customer asking for their advance refund, so we are ready to pay them back and also the GST portion we applied by filing FORM GST RFD-01 under the category “Refund of excess payment of tax” kindly help us to understand do we need to show this refund while we file our monthly return of GSTR-1 and GSTR-3B if yes which return and under which head we need to declare this refund claimed amount kindly advice thanks. Last date to claim the ITX for Fy 17-18 is to on or before 31/03/2019, So itc rwlating to 17-18 caant be claimed in sep 21 as per section 16(4) restriction, Is there any time limit to utilise the ITC claimed under the GST regime ie are there any provisions which states that ITC needs to be utilised within a certain time frame say 1 yr or 4 yrs etc..Kindly guide. Therefore, the date is 20th October 2018 and ABC Corp can claim this … (For taxpayers who become eligible during the months of July, Aug, Sep, Oct & Nov 2017 • Supersedes Notification No. Section 16(4) do not apply time limit for claiming input tax. You can take credit for April 2019 in Sep 2020. In my case ineligibility starts from 19h October 2019, am i eligible for ITC claim from which Financial Year sir, Sir i am composition dealer but i have violated the composition scheme condition that i have supplied inter state on October, 2019. so from there i am ineligible for composition scheme. i consulted few friends who are CA told me that its can be claimed only for the invoices you able to view in gstr 2a. There is a time limit for claiming ITC which is earlier of Return filing due date of September (Refer: Important Checklist to consider before filing September GST Returns) of next financial year OR Actual annual return filing for current financial year. Such amendment cannot be held to be retrospective as it deprives the right entitled to the taxpayer. Disclaimer: Nothing contained in this document is to be construed as a legal opinion or view of either of the authors whatsoever and the content is to be used strictly for educative purposes only. The admissibility including conditions for claim of ITC contained in Section 16 of the CGST Act 2017 includes time limit as well. 31/03/2021. IN FY 19-20 SOME OF MY SUPPLIER FILED RETURN AFTER OCTOBER 2020 AND SOME AMMEND MY INVOICE. In case the supplier is filing quarterly basis credit can be claimed based on the invoice copy issued by the supplier of the supply made. Time limit for claiming ITC under GST. Due date for filing of GSTR-3B returns for tax period of September, 2020, i.e. Extension of time limit for taking ITC In order to remove the difficulties faced by the taxpayers during first year of implementation of GST, in exercise of power under section 172 of the Act, the Central Government passed Central Goods and Service Tax (Second Removal of Difficulties) Order, 2018 on 31.12.2018 and through that Order; a proviso is inserted to section 16(4) of the … There may be many instances wherein you may have not taken input tax credit on the invoices received from 01.07.2017 to 31 st March 2018 from your supplier.. Join our newsletter to stay updated on Taxation and Corporate Law. Rules are just procedures to comply with the provision of the act. One can hope that the liberal view is adopted in ITC as it is a beneficial provision with limited restriction on claim of ITC. Your email address will not be published. 2020-21 UPTO THE MONTH OF SEPTEMBER 2020. I have accounted an invoice dated 31.03.2019 in march 2020 and claimed ITC in my March 2020 3 B and paid the tax amount only in Aug 2020 due to Covid .. SO they are now making amendments in Dec 2020 or Jan 2021. And upon payment made to the supplier again the credit can be taken, provided such credit has been taken within Sep 20 return u/s 16(4), else the credit is will lapse. Form and manner of submission of monthly return. Department using Section 16(4) disallowing claim of input tax citing the reason that the returns are filed for the year 2017-2018 after 31.03.2019 , which in my opinion a wrong interpretation of Section 16(4) and ROD order dated 02.10.2018 . What is the threshold limit for claiming Refund? Refund of any tax, interest, penalty, fees or any other amount paid by him- File an application electronically in FORM GST RFD-01 through common portal. Input Tax Credit under GST - Conditions To Claim ITC must be fulfilled and forms one of the most critical activity for every business to settle its tax liability. b. And in case If im unable to view few purchases in oct, whats the procedure for self declaration. I filed my own gst return 3b for month of aug today. Recently decision has been held in case of Arise India Limited and others Vs. Commissioner of Trade & Taxes, Delhi and others [TS-314-HC-2017(Del)-VAT] – wherein H’ble Supreme Court held that, the ITC shall be allowed to recipient, even though supplier has not paid tax collected from the assessee to the government, which is one of the condition to claim the credit of taxes paid on inward supply of goods or/and services under earlier regime also. The recipient is required to raise a self invoice. 3) Determine the amount of GST you can claim as an ITC for various kinds of expenses. Taxpayers are reliant on their financial … Now registration will be granted within 7 days from the date of application instead of 3 days As per Notification No. Just because the supplier has not been paid the taxes, recipient cannot be denied to take the credit of the taxes paid. In the view of author, the time limit to avail the credit should be considered based on the year to which such invoice pertains and not from the year end in which the service provided. Due date of Annual Return (FORM GSTR-9) under Section 44 i.e. I ALREADY TAKEN ITC OF THESE INVOICES CAN I REVERSED THIS? You can take the current FY ITC before filing the next FY GSTR 3B for the month of September. ITC mechanism under GST. It is further submitted that amended Rule 61(5) of the CGST Rules, 2017 provides that-, “where the time limit for furnishing of details in Form GSTR-1 under section 37 or in Form GSTR-2 under section 38 has been extended, the return specified in sub-section (1) of Section 39 shall, in such manner and subject to such conditions as the Commissioner, may, by notification, specify, be furnished in in Form GSTR-3B, electronically through common porta, either directly or through a Facilitation Centre notified by the Commissioner.”, Provided that where a return in Form GSTR-3B is required to be furnished by a person referred to in sub-rue (1) then such person shall not be required to furnish the return in Form GSTR-3.”. Sir if buyer has appy to close his GST & if he start with new firm name-propritor , how we can recover our payment ? 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