Can we take ITC of one party who have filed return after 31-10-2019 which is the cut off date for ITC of Annual return showing in Table 8A.
As ITC of that party is showing in our GSTR-2A of 2018-19 but in annual return it is not showing in Table 8A.
10 Replies
Shivam RC
(Student)
(23683 Points)
Replied 21 November 2020
No Sir you cannot claim ITC since the due date for claiming ITC pertaining to FY 2018-19 is over. Hence it is lapsed.
Deep Ranjan
(article)
(113 Points)
Replied 21 November 2020
But as per sec 16 we have complied all conditions. but suppliers return is filed after due date.
JATINDER KUMAR
(Accountant)
(3662 Points)
Replied 21 November 2020
No, you can not claim ITC due to your supplier return filed after September Month Return due date
Shivam RC
(Student)
(23683 Points)
Replied 21 November 2020
@ Deep Ranjan Sir,
Section 16(4) of the CGST Act 2017 is applicable in this case. The last date to claim ITC for a particular FY is the due date to file Return for the month of September following the FY or the date of filing Annual Return, whichever is earlier. Hence 31/10/2019 was the last date to claim ITC pertaining to FY 2018-19.
The FOUR Conditions as laid down U/s 16(2) of the CGST Act 2017 to claim ITC are as follows :
(a). Possession of a Tax Invoice.
(b). Received the Goods or Services.
(c). The Supplier must have paid the taxes to the Government exchequer, and
(d). Recipient must have filed the Return.
So unless and until your Suppliers pays the taxes to the Goverment, you will not be eligible to claim ITC.
Section 16(4) of the CGST Act 2017 is applicable in this case. The last date to claim ITC for a particular FY is the due date to file Return for the month of September following the FY or the date of filing Annual Return, whichever is earlier. Hence 31/10/2019 was the last date to claim ITC pertaining to FY 2018-19.
The FOUR Conditions as laid down U/s 16(2) of the CGST Act 2017 to claim ITC are as follows :
(a). Possession of a Tax Invoice.
(b). Received the Goods or Services.
(c). The Supplier must have paid the taxes to the Government exchequer, and
(d). Recipient must have filed the Return.
So unless and until your Suppliers pays the taxes to the Goverment, you will not be eligible to claim ITC.
Deep Ranjan
(article)
(113 Points)
Replied 21 November 2020
@ Shivam RC
quoted section is exactly right and as we are recipient and we have filed return timely but the supplier has late filed the return.
quoted section is exactly right and as we are recipient and we have filed return timely but the supplier has late filed the return.
Shivam RC
(Student)
(23683 Points)
Replied 21 November 2020
Yes Sir. This is a very big problem being faced by the trade and industry. Why should a genuine Recipients credit be denied due to the fault of a dishonest supplier ??? The GST Law needs to be changed.
Pankaj Rawat
(GST Practitioner)
(55052 Points)
Replied 30 November 2020
As per Section 155 of CGST Act , the liability is on Recepeint when Supplier default in any tax deposit.
Hence Recepeint is liable.
Hence Recepeint is liable.
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