Intimation of liablity u/s 73(5)

This query is : Resolved

P.Madhivadhanan (Querist)
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14 September 2023 An assessee have filed gst return for the financical yeat 2018-19 return in 30/10/2019 and availed Input credit. Notice is served as liability u/s 73(5) payable . Some of the transactions are B2B & some of other sales are B2C. How to avoid this liablity ?

RAJA P M

RAJA P M (Expert)
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14 September 2023 GST Liability means Outward supplies. It's not separated as B2B or B2C.

P.Madhivadhanan

P.Madhivadhanan (Querist)
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14 September 2023 hOW TO AVOID THIS LIABILITY LEGALY. WHETHER BY WAY OF APPEAL OR OTHERWISE

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RAJA P M

RAJA P M (Expert)
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14 September 2023 Better to go to contact GST officer. They can guide You... But, Can't avoid this liability except accept by GST OFFICER

CS Advocate Abhishek Goyal

CS Advocate Abhishek Goyal (Expert)
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18 September 2023 it looks like you have received notice under section 16(4) for availing ITC after expiry of time limit as you have filed your return on 31.10.2019. At present there is no remedy available in view of two recent judgements on this issue by AP HC and Patna HC on this issue wherein they have upheld the constitutional validity of section 16(4).