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ITC can claim or not?

Srinivas Ch (Sr.Accountant) (365 Points)

16 February 2020

Need your valueble advice. my client vendor not filed his invoices for 1819fy worth of ITC Rs.236868.00/-. and we are also not claimed in 3B in that year. but we forced to vendor file in gstr1 then he filed in 1920FY jan-20 month. we filed his IT returns on 14.2.20 but as per client books that ITC taken. we can claim that ITC in 1920fy for March-20 month?

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6 Replies

Pankaj Rawat (GST Practitioner) (55047 Points)
Replied 16 February 2020

No ... you cannot .
As per proviso to Section 16 , The ITC for FY 2018-19 can be claim till due date of furnishing return for September 2019.

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Srinivas Ch (Sr.Accountant) (365 Points)
Replied 16 February 2020

ThaNm u for your qk response

Shivam RC (Student) (23683 Points)
Replied 16 February 2020

Refer the Provision of Section 16(4) of the CGST Act 2017. Last date to claim ITC is the date of filing Annual Return or the due date of filing September month's GST Return, whichever is "EARLIER".

So the last date to claim ITC for FY 2018-19 was 20th October 2019.

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Srinivas Ch (Sr.Accountant) (365 Points)
Replied 17 February 2020

Thank u Sival RC sir. Actually it is not my mistake. Supplier not filed before the sept-2019 in gstr1. Can i claim in this year as same invoices reflecting in current fy 2A? How can i get this ITC? Pls need advice...

RAJA P M ("Do the Right Thing...!!!") (127911 Points)
Replied 17 February 2020

Originally posted by : Srinivas Ch
	Thank u Sival RC sir. Actually it is not my mistake. Supplier not filed before the sept-2019 in gstr1. Can i claim in this year as same invoices reflecting in current fy 2A? How can i get this ITC? Pls need advice...