Can itc claim of f.y.-2018-19 in gstr-3b up to sept'2019
santosh
(Querist) 16 January 2020
This query is : Resolved
Can ITC Claim of F.Y.-2018-19 in GSTR-3B up to September'2019 ? one of my client itc of nov'2018 not claimed till the GSTR-3B of Feb'2019. I wants to know can he Claim such ITC in GSTR-3B from March'2019 to Sep'2019 as his GSTR-3B not filed from Feb'2019. Please reply. Thanks & Regards
Sb Karma
(Expert) 17 January 2020
He need to mention in new return,carry forward it.
But does he have all documents properly affixed??
T. Kalaiselvan, Advocate
(Expert) 26 January 2020
2018-19 to ensure that maximum Input Tax Credit (ITC) is claimed. ... 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.
As per the provision u/s 16(4) of CGST Act, 2017, a taxpayer can take input tax credit in respect of any invoice or debit note for supply of goods or services or both before the due date of furnishing of the return u/s 39 for the month of September following the end of financial year to which such invoice or invoice relating to such debit note pertains or up to the filing of relevant annual return, whichever is earlier. The extract of the said section is reproduced below for easy reference.
“A registered person shall not be entitled to take input tax credit in respect of any invoice or debit note for supply of goods or services or both after the due date of furnishing of the return under section 39 for the month of September following the end of financial year to which such invoice or invoice relating to such debit note pertains or furnishing of the relevant annual return, whichever is earlier.”
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. The due date of filing of GSTR-3B for the month of September 2019 is 20th of October 2019. Thus, a taxpayer has the entire month of September 2019 at his disposal to carry out reconciliation of his books v/s return. On reconciliation between the return filed and the books, if he finds any difference then appropriate action is required to be taken by the taxpayer in the September 2019 month’s return. The reconciliation is necessary because at the time of filing of return in Form GSTR-3B it might have happened that ineligible credit is inadvertently claimed. Also, it is possible that eligible credit is missed out to be taken. Hence, it is very important to relook into the books of account to ensure that eligible input tax credit is taken.
Rule 69 of CGST Rules, 2017, speaks about matching of claim of input tax credit. In the explanation given in the said rule it is mentioned that “the claim of input tax credit shall be considered as matched where the amount of input tax credit claimed is equal to or less than the output tax paid on such tax invoice or debit note by the corresponding supplier”. Thus it becomes essential to carry out GSTR-2A reconciliation of FY 2018-19 with the input tax credit claimed in the GSTR-3B return. Since, the return in Form GSTR-2 never came in to effect the necessity of reconciling GSTR-2A was not required. Thus, the taxpayer claimed the credit based on his self assessment.
In respect of the aforementioned rule the reconciliation of each of the invoice auto-populated in GSTR-2A report of the buyer with the invoice wise credit claimed in GSTR-3B is necessary to be carried out. In case if any supplier has not shown the invoice in his GSTR-1, then necessary communication can be sent to him with a request to file the return by disclosing the missed out invoice. And if the detailed of supply was furnished inadvertently in B2C table of the GSTR-1 return by him then those invoices will not auto-populate and in that case buyer will have to inform him and the supplier will have to correct it in his GSTR-1 to be filed for the month of September 2019 on or before 11th October, 2019. Thus, the month of September 2019 is very crucial month for the taxpayer to take appropriate action on the input tax credit aspect
