Sourabh Katiyar (-) (110 Points)
25 December 2023Respected Members,
I have received a notice for2018-19 regarding ITC Disallowed under Sec 16(4) for the year bcz of Supplier has filed the GST-1 after 20-10-2019, and due to which our ITC is not allowed for 2018-19.
So is there any option available to us so that it can be allowed. any particular section or any other way out to solve this issue.
CA Rakesh Ishi
(Working at Private Company)
(8200 Points)
Replied 25 December 2023
Section 16(4) of the Central Goods and Services Tax (CGST) Act, 2017, states that a registered person can avail ITC only if the details of the invoices are furnished by the supplier in the GST returns. If the supplier has not filed the GST-1 within the stipulated time, the ITC may be disallowed.
Yalamarthi Srinivasa rao
(Ca Articleship )
(16 Points)
Replied 25 December 2023
To my knowledge, upto Financial year 2018-2019, we can claim ITC if we have purchase bills. Generally, Your ITC contains
1. ITC which was claimed and reflected in GSTR 2A
2. ITC which was claimed by you but not reflected in GSTR 2A
For the first case you can just give a month wise summary.
For the second case you can attach the purchase bills on which you have claimed ITC but not reflected in GSTR 2A.
If the aforesaid rule of claiming ITC Without reflecting those in GSTR 2A is not applicable, then you should make payment of the amount of ITC which was disallowed and claim it from the parties which it was disallowed.
CA Raj Doshi
(Practising CA)
(8924 Points)
Replied 26 December 2023
Landmark Judgments: Important Provisions of the EPF & ESI Act interpreted by the Honorable Supreme Court of India
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