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Non Filers ITC

12 November 2019

Dear experts, one of my new client is not filing any returns in gst. He already started business and take GST in July 2017. Today he was received a 3A notice. My doubt is, can he allow to claim ITC on time of July 3B 2017. (NB: no filing any returns till today)

Pls clarify

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7 Replies

subhagan sreerangam (7054 Points)
Replied 12 November 2019

GSTR-3B is not a Return.It is a notice issued by the tax authorities to taxpayers who have not filed their returns like GSTR3B-Reqular dealer,GSTR 4/CMP08-Composition dealer,GSTR 5-Non Resident,GSTR 6 -ISD,GSTR 7-Person liable to deduct TDS,GSTR 8-Person liable to Collect TCS,GSTR 9 Annual Return,GSTR 10 -Final Return.On receiving in GSTR 3A notice the Defaulters has to file the return within 15 days from the date of notice along with pay Applicable rate of late fee, interest and penalty etc.

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Sajeeb Rahman (18 Points)
Replied 12 November 2019

I know sir, my doubt is, can my client to claim itc of July 2017 the time of filing 3B of July 2017 (filing date is this month)

Sajal Mandal (294 Points)
Replied 12 November 2019

No
Last date to take ITC for FY 2017-18 was 31st March, 2019.

Surjeet Negi (947 Points)
Replied 12 November 2019

Certainly not allowed to take claim

Pallav jha (None) (119 Points)
Replied 12 November 2019

Is there any option to deduct only one's contribution for EPF means either employees or employer???.
how to deduct contribution amount when no breakup of salary is given,only consolidated salary amount 15000/- given??

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subhagan sreerangam (7054 Points)
Replied 12 November 2019

The due date of filing GST Return for September 2018 ( belong to FY 2018-19) is 20th October 2018 and date of filing GST Annual Return for FY 2017-18 is 31st December 2018, which ever is earlier will be time period within to Claim of ITC.Therefore the date is 20th October 2018 can claim ITC any of the months between July 2017 to September 2018.