ITC - IGST claimed In the place of CGST

254 views 7 replies
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.
Replies (7)
When you file gstr-9 you have to pay igst and you can claim refund of cgst.
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 .

Cannot report it in your current GSTR 3b

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.

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

 

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

 

Thank u so much for your analysis


CCI Pro

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register