Our Vendors make the invoice on new GST number, but filed GSTR1 on old GST number. Copyright © TaxGuru. The Input tax credit (ITC) is the tax paid on the purchase of goods or services which can be set off against the tax liability on the sale of goods or services.. Generally, under the system of GSTR-1 and GSTR-3B, the tax credit is claimed by the recipient based on the sales invoices uploaded by the seller/supplier.. Time limit for availing ITC for F.Y. The moot question is Rule 36 is for documentary evidence for claiming ITC and not for time limit. GST is a new law which is undergoing regular amendments, clarifications and different interpretations. Refund of any tax, interest, penalty, fees or any other amount paid by him- File an application electronically in FORM GST RFD-01 through common portal. There are several conditions such as possession of invoice, receipt of goods or services etc. New TDS Rule, whether would be difficult to implement? How to claim refund under different scenarios? It’s request to you Please suggest any solution. And upon payment made to the supplier again the credit can be taken, provided such credit has been taken within Sep 20 return u/s 16(4), else the credit is will lapse. Dear Sir, For eg., the ITC of invoices received in February 2020 can be availed before filing GSTR 3B of September 2020. In case of GSTIN is cancelled by the supplier and input credits are not reflecting in GSTR 2A. To calculate the input tax credit (ITC) under GST, one can follow the below-mentioned steps: 1) Find if you are eligible to claim Input Tax Credit (ITC). Dear Sir, As per proviso to section 16(2) in case, the recipient is not made the payment within 180 days from the date of issue of invoice then the credit on the tax paid needs to be reversed by the recent. 94/2020 – Restriction on ITC on Businesses 2021 GST Compliance Calendar: January 2021 CBIC Notification 94/2020 under GST – Essential Changes Introduced Time limit to grant GST Registration increased Time limit for system-based registration has been enhanced from 3 days to 7 days. It is a general rule applicable for claiming input tax related to various years. 2. 31/03/2021. If i have done that what i have to pay penality as per GST Rules or not. 49/2019 – Central Tax dated 9th October 2019, a registered person can claim the ITC only if the supplier has uploaded the invoice details in GSTR 2A. Any pending ITC … (For taxpayers who become eligible during the months of July, Aug, Sep, Oct & Nov 2017 • Supersedes Notification No. In your case, credit on the invoice dated March 20 can be taken in GSTR 3B of Sep 2020 provided conditions under section 16(2) satisfied. Dear sir, as the supplier has filed the GSTR 1 with the incorrect GSTIN, it is suggested to reverse the ITC claimed with interest from the date of availing till the date of reversal and can take the ITC once the supplier uploads the details with the correct GSTIN. In case the invoice has been issued within 30 days from the date of provision of service then the time of supply is earlier of date of invoice or date of receipt of payment. All Rights Reserved. Sir I am paid igst of buyer another GSTIN Number for fy 2018-19 but invoice not to be amend on gst portal still so please suggest how can amend this invoice in current FY. 1. I have ITC of Ex- UP Purchased in GSTR 2A But Not now show in GSTR 2B. The notification proposes a few changes in the Central Goods and Services Tax Rules, 2017. Maintained by V2Technosys.com, Taxguru Consultancy & Online Publication LLP, 509, Swapna Siddhi, Akurli Road, Near Railway Station, Kandivali (East), Maximum time limit to avail Input Tax Credit (ITC) under GST, Central Goods and Services Tax, 2017 (CGST Act, 2017), Direction to UOI & CBDT – Exercise of power under CGST Section 83, The order of confiscation of goods is wholly arbitrary and illegal, Extended Power to Provisional Attachment under GST by Finance Bill, 2021, Limitation period to raise demand under Section 73 & 74 of CGST Act, 2017, GST: Power to summon persons to give evidence & produce documents, Amount received for security services including amount of wages for guards taxable @18%, GST on ocean freight and scope of delegated legislation, Advisory on Reconciliation Statement (GSTR-9C ), Exclusion of small scale ice cream manufacturers from composition scheme benefit to be reconsidered by GST Council, Will exemption from ITR filing proposal for senior citizen will work, No Reopening On Borrowed Satisfaction Without Bringing Tangible Material on Record, HC directs DGFT Surat decide on removal of IEC code from denial entity list, Reserve Bank of India (Digital Payment Security Controls) directions, 2021, SC rules that Reasoned Judgements to be delivered along with Operative Orders, Section 153C: ITAT directs CIT(A) top examine recording of satisfaction, Model Financial Statements for Non-Corporate Entities, Mixed fund Presumption cannot be applied to Specific Purpose Loan, Submit Letter of Undertaking (LUT) for FY 2021-22 by 31.03.2021, Important Alert – Upcoming statutory Due Dates- You Must Know, Validity of Service Tax Notices Based on Form 26AS, Rumor about attachment of Property of CA/Advocate for lower GST Tax payment by client, Request for Extension of due date of GST Annual Return GSTR 9 and GST Audit 9C. Bill date is 21-03-2020 and Now we are booking in Oct-20 month and doing payment. ITC shall not be claimed more than 10% of eligible credit which is reflecting in GSTR 2A for the above period. R/SIR And in case If im unable to view few purchases in oct, whats the procedure for self declaration. Dear Sir, But it is also important to know that the prime concept of ITC arises under GST by Section 41 of the CGST Act, 2017 by the golden sentence ‘entitled to take eligible input put credit’. In order to submit a comment to this post, please write this code along with your comment: a6c9674d384add182a0a44cdabfe8948. As per section 16(4) of the CGST Act, time limit to claim the ITC is to earlier of Due date of Sep 20 GSTR 3B of subsequent year of furnishing of annual return. Budget 2021: GST Audit by professionals scrapped? It is relevant to note that Section 16(4) does not mention time limit applicable for availing ITC of IGST paid through bill of entry. You can take credit for April 2019 in Sep 2020. This came to notice now in 2020 while preparing for annual return of 2018-19. In terms of Section 16(4) of CGST Act, a registered person is eligible to take credit with respect to the invoice or debit note for inward supply goods or / and services, earlier of the due date for filing of GSTR 3B for the month of September for subsequent year or filing of annual return for the period to which such invoice or debit note pertains to. Rule 61. i want to claim ITC in GSTR 3B. Can I claim ITC or not. What is the threshold limit for claiming Refund? These rules are … Another condition for claiming ITC is to file the return u/ 39 of CGST Act i.e. Rule 36 of CGST Rules 2017 prescribes the documentary requirements for claiming the ITC which include the Bill of entry as one of the documents to claim the ITC. Section 16(1) of the Central Goods and Services Tax, 2017 (CGST Act, 2017) provides provision regarding availment of credit to a registered person subject to conditions and restrictions as may be prescribed. 3. In such cases, the recipient shall reverse such credit claimed which is not available to him. Due date for filing of GSTR-3B returns for tax period of September, 2020, i.e. “(1) Every registered person other than a person referred to in Section 44 of the Integrated Goods and Service Tax Act, 2017 or an Input Service Distributor or a non-resident taxable person or a person paying tax under section 10 or section 51 or, as the case may be, under section 52 shall furnish a return specified under sub-section (1) of section 39 in FORM GSTR 3 electronically through the common portal either directly or through a Facilitation Centre notified by the Commissioner.”, (1) Every registered person, other than an Input Service Distributor, a person paying tax under section 51 or section 52, a causal taxable person and a non-resident taxable person, shall furnish an annual return for every financial year electronically in such form and manner as may be prescribed on or before the thirty first day of December following the end of such financial year.”, “(1) Every registered person, other than an Input Service Distributor, a person paying tax under section 51 or section 52, a causal taxable person and a non-resident taxable person, shall furnish an annual return as specified under sub-section (1) of section 44 electronically in FORM GSTR-9 through the common portal either directly or through a Facilitation Centre notified by the Commissioner.”. In terms of Section 2(98) of CGST Act, ‘reverse charge’ means recipient is liable to pay GST on inward supply of goods or/and services as notified by government under section 9(3) or supply from unregistered person under section 9(4) of CGST Act. 30/2020 – CT, dated 3rd April 2020, in Sep 20 GSTR 3B return rule 36(4) has to be considered on a cumulative basis for the month of February, March, April, May, June, July, August 2020. As per the provisions of Section 16(4) of the CGST Act, the maximum time period within which an ITC pertaining to an invoice can be claimed is up to the due date of furnishing of return under section 39 of the CGST Act for the month of September, of the next financial year to which such invoice relates. Section 16(4) do not apply time limit for claiming input tax. Due date of furnishing of return under section 39 of CGST Act, 2017 for the month of September following the end of that financial year or In case of “AAP & Company, Chartered Accountants v/s Union of India”, the Gujarat HC held that Form GSTR-3B is not a valid return under section 39 of CGST Act, 2017. This section mandates issuance of invoice or a bill of supply for every supply of goods or/and service having details of description, quantity, value of supply, tax charged there on and such other particulars as may be prescribed. How to claim itc in sept 3b return if supplier is quarterly filing returns? As per the aforesaid provision, the time limit for taking input tax credit for the financial year 2018-19 is up to the filing of return (GSTR-3B) for the month of September 2019. Secondly, if you say that time limit for raising self invoice is 30 days from the date of service then one cannot claim credit based on self invoice raised after … As per Notification No. Rules cannot override the provisions of the act. So, in my view, the intention of the legislature is to restrict claim the ITC beyond the time limit as mentioned in section 16(4). 16/2020 dated 23 March 2020 to make certain amendments to the Central Goods and Services Tax (CGST) Rules, 2017 with respect to the refund mechanism under GST for the zero-rated supply of goods and/or services with or without payment of IGST. So, return inserted through rules cannot said to be valid return and which is disputable. The GST law contain provisions which restricts admissibility of input tax credit of goods and/or services. Dear sir, As per Rule 36(4) of CGST Rules, the recipient can take additional credit of 10% over and above the eligible credit which is reflecting in the GSTR 2A. The legislature intention is that a claim of input tax of a particular year shall not be claimed after September of next of year or filing of annual return which ever occur earlier . Presently it is not possible to verify that whether supplier has paid the taxes collected by the recipient. Therefore, if any person wants to take ITC, he should be, first, registered with authority under GST Law. In other words, either depreciation on the tax component can be claimed under Income Tax Act or ITC of such tax paid can be availed under GST laws. If the details not reflecting in GSTR 2B ITC cannot be taken and no separate column in return to show as credit relating to details not uploaded by the supplier. Required fields are marked *, Notice: It seems you have Javascript disabled in your Browser. So suggested to make the payment to dpt and take credit within Sep 20 GSTR 3B. One of the main objectives for introduction of GST Act is to avoid the cascading effect of taxes and to ensure seamless flow of credits. 2020-21 UPTO THE MONTH OF SEPTEMBER 2020. Section 31(3) starts with notwithstanding clause, where time limit to issue tax invoice within 30 days of provision of service is not applicable in case of inward supply, where recipient is liable to pay tax under reverse charge. Maintained by V2Technosys.com, Taxguru Consultancy & Online Publication LLP, 509, Swapna Siddhi, Akurli Road, Near Railway Station, Kandivali (East), Time limit and other conditions to claim ITC, AAP & Company, Chartered Accountants v/s Union of India”, the Gujarat HC, Supreme Court vide Union of India & Others Vs AAP And Co, Amount received for security services including amount of wages for guards taxable @18%, GST on ocean freight and scope of delegated legislation, Advisory on Reconciliation Statement (GSTR-9C ), Exclusion of small scale ice cream manufacturers from composition scheme benefit to be reconsidered by GST Council. 2. Sir, Sir, I had raised invoice in Jan 20 and also pay GST, but my that customer was defaulter in payment. Can we claim ITC in annual return? As I already mentioned in my article, section 16(4) allows the registered person to take the credit within the due date for filing of Sep 3B or filing of annual return WEE.So, if your October month purchase is more and the invoice is uploaded by the supplier on a quarterly basis, such ITC can be taken on Sep 3B return. is relevant for VAT laws, without nexus, how you say it can be applied to GST ITC also. As per Notification No. Currently, taxpayers do not have a facility/ opportunity to review the invoices uploaded by their suppliers, corresponding to their ITC claims. Is there any change for sept 20 gstr3b return regarding rule 36(4) for small taxpayers? Just because the supplier has not been paid the taxes, recipient cannot be denied to take the credit of the taxes paid. Vendor already filled a GSTR1 and showing this invoice. I am sorry to disagree with you; the ROD order stated that ; provided that , the registered person shall be entitled to take input tax credit, after the due date of furnishing of the return under Section 39 for the month of September 2018, till the due date of furnishing of the return under the said section , for the month of March 2019 ,in respect of any invoice or invoice relating to such debit note for supply of goods or services or both ,made during the financial year 2017-18, the details of which have been uploaded by the supplier, under sub-section 1 of Section of Section 37, till the due date for furnishing details under sub-section (1) of said section for the month of March -2019.. Hello. 28th February, 2021. I m small tax payer. Notification No. Therefore, the date is 20th October 2018 and ABC Corp can claim this … Retrospective amendment cannot undo a right which has already been vested with the tax payer and deny the benefit. Thanks in advance. just for government to get its due first it was complicated by 3b. Maximum time limit to avail Input Tax Credit (ITC) under GST 1. Section 31(3)(f) read with rule 36 provide for it. Which means ITC for the period has been claimed during the year only. Also, ROD 02/2018 of CT, dated 31/12/2018 has been issued for the period only for FY 2017-18, which is the first year of implementation of the GST Act, a similar kind of ROD has not been issued for FY 2018-19. So the if the ITC claimed without payment of tax to the department it will be treated as ineligible ITC. My account says its doubtful to claim but as per what I read and understand you can claim same as it’s not a tax invoice or debit note . Notification No. Though the case is pending before the Supreme Court as on date, the Department already started sending notices (ASMT-10) to the dealers for payment of tax to the extent of ITC which have been claimed late. GSTR 3 which is not yet made applicable due to technical glitches and GSTR 3B has been introduced for time being in leu of GSTR 3 u/r 61(5). All Rights Reserved. Input Tax Credit (‘ITC’) Mechanism under the Goods and Services Tax (‘GST‘) law is a critical success factor for the compliance and administration of GST law in India. and now too just for its collection it is being more complicated by differed itc claims. According to Section 16(4) of the CGST Act, 2017, a registered person is eligible to take input tax credit with respect to the invoice or debit note for inward supply of goods and/ or services, earlier of the due date for filing of Form GSTR 3B for the month of September for subsequent year or filing of annual return for the period to which such invoice or debit note pertains to. Unless the documents is not recieved ITC cannot be booked. Such amendment cannot be held to be retrospective as it deprives the right entitled to the taxpayer. 28th February, 2021 Under section 16(2) of the CGST act, one of the conditions to claim the ITC is to have the document issued by the supplier. What is the solution available to me ??? Recently decision has been held in case of Arise India Limited and others Vs. Commissioner of Trade & Taxes, Delhi and others [TS-314-HC-2017(Del)-VAT] – wherein H’ble Supreme Court held that, the ITC shall be allowed to recipient, even though supplier has not paid tax collected from the assessee to the government, which is one of the condition to claim the credit of taxes paid on inward supply of goods or/and services under earlier regime also. 4) Calculate utilizing the standard method. Join our newsletter to stay updated on Taxation and Corporate Law. if government wants to give itc as per showing in portal than it should get the sales invoices uploaded on real time basis and also give facilities to buyers to upload the missing … The notification released by the Central government on 26th December, 2019 stats that, effective from the 1st January, 2020, “20 per cent” ITC for non-invoice GST returns will be replaced with “10 per cent” ITC. Ie only figures are to be put in excel or there is any system to it where I can put details regarding the invoices not reflected in gstr 2b It is further clarified that failure to reverse excess claimed ITC for the period from February 2020 to August 2020 would be treated as “availment of ineligible ITC” which means such ineligible ITC would attract interest, if utilised against output GST liability for the respective months (i.e. Due date of Annual Return (FORM GSTR-9) under Section 44 i.e. Hi Sir, i have missed some itc for jan and feb 2019 can i take credit in Sept. Credit relating for FY 2019-20 can be availed in Sep 20 return provided all the conditions u/s 16(2) satisfied. In the view of author, the time limit to avail the credit should be considered based on the year to which such invoice pertains and not from the year end in which the service provided. The Removal of difficulty Order dated 02.10.2018 is issued as clarification for claim of input tax of such additional invoices or credit notes / debit notes issued subsequently in relation to supplies effected during 2017-2018. Recipient issues self-invoice for payment of tax and to claim credit on such taxes paid, under section 16(2). GST Input tax credit time limit. The admissibility including conditions for claim of ITC contained in Section 16 of the CGST Act 2017 includes time limit as well. Thus, under the GST regime there will be a standardised form for making any claim for refunds. I have accounted an invoice dated 31.03.2019 in march 2020 and claimed ITC in my March 2020 3 B and paid the tax amount only in Aug 2020 due to Covid .. Budget 2021: A new condition introduced to avail Input Tax Credit. If the intention of the government is to allow claiming of ITC beyond the time limit as mentioned in section 16(4), the same would have been issued by amending the provision through the amendment act or through the finance act. Disclaimer: Nothing contained in this document is to be construed as a legal opinion or view of either of the authors whatsoever and the content is to be used strictly for educative purposes only. Dear sir, Therefore if you have such invoices and you want to claim ITC then you can book and take such credit before filing GSTR 3B for the month of September 2018. Time limits for claiming Input Tax Credit ITC can only be claimed for tax invoices and debit notes which are less than a year old. 1. I think I went wrong somewhere as regular amendments are making it tough for professionals & busimess to cope with understanding. ITC is the backbone of GST and a major matter of concern for the registered persons. Thus, a taxpayer has the entire month of September 2019 at his disposal to carry out reconciliation of his books v/s … Does, the GST-ITC can be booked before the date of invoice or not? GSTR 3B has been introduced through CGST Rules, not through the sections. But the interesting thing is that there is no time limit to raise a self invoice. Once the ITC is claimed in GSTR 3B there is no time limit to claime such ITC for outward liability as per provision of the act. We got a new GST number in Jan 2020. Section 41– Claim of Input Tax Credit and provisional acceptance thereof. If the conditions as mentioned in section 16(2) CGST Act is satisfied, then the recipient is eligible to claim the credit, as Rule 36(4) restriction to avail the credit was not applicable for FY 18-19. 10 Changes in GST as per New Notification 94/2020 applicable from 1 January 2021 10 Changes introduced CGST(Fourteenth Amendment) Rules 2020 1) Restriction on claim of ITC as per Rule 36(4) The claim of ITC in respect of invoices not furnished by the corresponding vendors has now been restricted to 5% of the credit available in GSTR 2B. But section 16(4) which talks about the time limit to claim the ITC (i.e. Taxpayers are reliant on their financial … (2) The credit referred to in sub-section (1) shall be utilised only for payment of self-assessed output tax as per return referred to in the said sub-section.”, While analysing the sentence ‘entitled to take eligible input tax credit’, it is necessary to refer sub section (1) of Section 41 and sub section (1) of the Section 16 of the CGST, 2017 and both the sections begin as follows “Every registered person shall subject to conditions and restrictions as may be prescribed”. Customer was defaulter in payment ) under Section 44 i.e we can recover our payment and the Law... Gst return 3B for month of September, 2020, i.e / feedback 2020 time limit for claiming itc under gst notification Mar 2020 return October. 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Eg., the GST-ITC can be applied to Bill of Entry is an! Be applicable since the online refund ITC mechanism under GST shall reverse credit... Period of Jan 2020 purchases in Oct, whats the procedure for declaration! Been vested with the tax payers pay GST, but MY that customer was defaulter in payment to disclose refund. Nov 2017 • Supersedes Notification no before the date of invoice, of!, return inserted through rules can not undo a right which has already been vested with the provision of and/or! Government and the GST Law required to raise a self invoice so based on invoice... There any change for sept 20 return the taxpayer be booked before the date of Annual (! Sir plz suggest can take credit within Sep 20 GSTR 3B for the period of Jan.. Last month take this Bill ITC claim in our Sep-20 month GSTR3B and make statement! Credit within Sep 20 GSTR 3B for month of September is quarterly filing returns right which has already been with...