Dear sir
I have claimed IGST ITC instead of CGST ITC in the FY 2018-19. Due to this in the portal differences is being shown. How to correct this as now we are in FY 2020 ? If am choosing to file GSTR 9 even though turnover below 2cr.
7 Replies
DEEPANSHU SINGH
(ARTICLE)
(137 Points)
Replied 21 May 2020
When you file gstr-9 you have to pay igst and you can claim refund of cgst.
Pankaj Rawat
(GST Practitioner)
(55052 Points)
Replied 22 May 2020
Yes need to pay IGST , but now you won't be able to claim CGST.
Even though you avail CGST input by reporting it in annual return but it's not going reflect in your ECL. & due time barred as per section 16 of CGST Act .
Even though you avail CGST input by reporting it in annual return but it's not going reflect in your ECL. & due time barred as per section 16 of CGST Act .
Pankaj Rawat
(GST Practitioner)
(55052 Points)
Replied 22 May 2020
Cannot report it in your current GSTR 3b
vikram
(nothing)
(22 Points)
Replied 22 May 2020
Sir as u said it's time barred as per section 16 of chat act, but if I refer to section 19 of igst act, it says tax wrongly paid can claimed as refund. sir please refer to section and guide me.
akash malhotra
(student)
(88 Points)
Replied 22 May 2020
U have claim igst which is in actual cgst and sgst , therefore u have to reverse igst which is wrongly availed and... u have not claimed cgst and sgst for 2018-19 for which last date 30th sep 2019 or annual return whichever earlier as per sec 16.. therefore u cant to take such itc now but u have to reverse excess itc claimed
Pankaj Rawat
(GST Practitioner)
(55052 Points)
Replied 22 May 2020
Dear Vikram
As per section 77 of cgst & section 19 of IGST, The registered person who has paid IGST on transaction considered by him as inter-state supply, but which subsequently held to Intra-state supply (vice versa) , So wrongly deposited tax can claim as refund, means the wrongly deposited tax is lying in your cash ledger (not being setoff) .
So the above section is specifically speaks of transaction related to Outward supply. hence not applicable in your case & as per section 49 of cgst act the credit ledger balance can be set-off against output tax liability , so you cannot reverse the wrongly claim IGST , need pay in cash ledger & for cgst/sgst credit which was not avail till Sept -19 will be lapsed
Recent Topics
- Explanation 3 to section 11(1) read with section 4
- Ammendment in Partnership On Death of Partner and
- TDS Provisions applicability Tax Audit Individual
- NAME CHANGE OF HUF
- Advisory for Reporting TDS Deducted by scrap Deale
- Section 194 J Technical Service/Professional Servi
- Solving of Export Related Problems
- Need your valueble insight.
- Softex For freelancer ?
- GST ON REIUMBURSEMENT ENTRY ON GST PORTAL
Related Threads
CAclubindia
