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GST REGARDING

pradip jain (STP ITP) (69 Points)

10 February 2021

I HAVE FILED GSTR3B OF MARCH 2019 ON 26/11/2019. IN THIS RETURN WE CLAIMED ITC OF RS. 54000/-. IN GSTR 2A ALL ITC REFLECTED. BUT TODAY NOTICE IN FORM GST DRC - 01A RECEIVED. IN THIS NOTICE OFFICER SAY TO PAY RS. 54000/- WITH INTEREST. WHAT CAN WE DO?

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3 Replies

Analytic Business Consulting (150 Points)
Replied 10 February 2021

Dear,
Check Whether all the Datas are clear(GSTR1, GSTR3B, GSTR 2A), If the amount of Rs.54,000/- ITC has been reflected in GSTR 2A and You had a valid Tax invoice with you and if you are eligible to take the ITC ( Goods or Services not included in Blocked Credits section) then for sure you are not liable to pay the demand raised by the officer, instead you shall reply for the notice in part B through online or contact the officer through phone to the number given in the notice.

You should make sure that the party had filed it and they didn't reversed it ( By means of Sales return by them).

If you are eligible, having Valid Tax Invoice for the period then You can do accordingly.

First You should Collect all the data with you then , Call the officer and convey or make a visit to office after a call made to you officer. I hope that this would help you.

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pradip jain (STP ITP) (69 Points)
Replied 10 February 2021

IN NOTICE OFFICER SAYS THAT AS PER SECTION 16(4) OF CGST/MGST ACT 2017 I HAVE NOT ELIGIBLE FOR ABOVE ITC. SIR, I HAVE FILED RETURN ON 26/11/2019 (AFTER 20/10/2019). IN WHICH SECTION I HAVE ELIGIBLE FOR ITC? PLS INFORM DETAILED.

Analytic Business Consulting (150 Points)
Replied 10 February 2021

Oh, yes this provision says that you cannot claim the ITC since you filed it after the permissible date. I didn't checked the date that you had provided.

The time limit to claim the ITC of a F.Y will be till the return of September of next month as per section 39 of CGST Act. Thus, prima facie its inadmissible ITC, but in google when we search there are some issues regarding the contradictory between section 16(1) with that of 16(4).

So, I kindly request you to Read those and raise such queries with GST Officer or take an expert opinion regarding the matter concerned.