2022 (2) TMI 652 - AAAR - GST

Time Limitation for claiming ITC - tax invoice dated 01.04.2020 issued by the supplier of service for the rental service supplied for the period 01.04.2018 to 31.03.2019 - Section 16 (4) of the CGST/SGST Act, 2017 - If the applicant avails ITC on such invoice after 01.04.2020 and before filing GST return for September 2021/Annual Return for 2020-2021, whether it amounts to violation of condition stipulated under sub- section (4)? - HELD THAT - The 'Supply of Service' here is 'Renting of immovable property'. The supplier of service issued a tax Invoice dated 01,04.2020 covering the period from 01.04.2018 to 31.03.2019. Therefore the supply of service pertains to the financial year 2018-19. The date on which the invoice issued was 01.04.2020 and hence appears that the invoice issued pertains to the financial year 2020-21. However, the date of invoice or the period to which an invoice pertains will be determined only by the period of supply covering which the said invoice was issued. Therefore, in the instant case, irrespective of the date of Invoice (which is leading to mis-interpretation of the period of Invoice), the same is pertaining to the period of supply covered by the said invoice i.e. 2018-19. In the instant case, as the invoice pertains to the financial year 2018-19, vide Section 16 (4), the recipient is entitled to take ITC on an the same before furnishing of Return under Section 39 for the month of September, 2019 following the end of financial year 2018-19 to which such invoice pertains or furnishing of the relevant annual return for the year 2018-19, whichever is earlier - Even the proviso to section 16 (4) reiterates that the registered person is entitled to take ITC 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. This proviso absolutely necessitates or rather endorses the invoices relating to supplies made during the financial year 2017-18 only, for the registered dealer to claim entitlement of ITC in the succeeding financial year. The appellant is not eligible to claim Input Tax Credit on the disputed invoice dated 01.04.2020 that was issued covering the supply of services pertaining to the period from 01.04.2018 to 31.03.2019 - the ruling of the AAR upheld.

Summary

Issues involved:
1. Interpretation of Section 16(4) of the CGST Act regarding input tax credit eligibility for an invoice issued after the due date.
2. Determining the applicability of input tax credit for a tax invoice dated 01.04.2020 covering services rendered from April 2018 to March 2019.
3. Analysis of the grounds of appeal challenging the ruling of the Authority for Advance Ruling, Andhra Pradesh.

Issue 1: Interpretation of Section 16(4) of the CGST Act:
The appellant contested the ruling of the Authority for Advance Ruling, arguing that delayed issuance of an invoice should not be a ground to deny input tax credit. They emphasized that the restriction under Section 16(4) pertains to documents issued during a financial year, not the supplies made in that year. The appellant cited a CBIC clarification to support their interpretation, highlighting that credit can be claimed based on the due date of filing returns, not the date of invoice issuance.

Issue 2: Eligibility of Input Tax Credit for a Tax Invoice dated 01.04.2020:
The main contention revolved around a tax invoice issued for rental services from April 2018 to March 2019. The Authority for Advance Ruling determined that the invoice pertained to the financial year 2018-19, making it ineligible for input tax credit under Section 16(4). The appellant argued that the date of the invoice issuance should not impact credit eligibility, emphasizing that the supply period should govern the claim.

Issue 3: Analysis of Grounds of Appeal:
The appellant challenged the ruling of the Authority for Advance Ruling, asserting that the interpretation of Section 16(4) was incorrect. They contended that the conditions for claiming input tax credit should align with the supply period, not the invoice issuance date. The appellant referenced a Supreme Court decision emphasizing strict compliance with statutory conditions for availing concessions, supporting their argument against the ruling.

In the detailed analysis, the Appellate Authority for Advance Ruling, Andhra Pradesh examined the contentions raised by the appellant regarding the interpretation of Section 16(4) of the CGST Act. The authority emphasized that input tax credit eligibility is subject to complying with statutory conditions, as supported by legal precedents. Ultimately, the authority upheld the ruling of the lower authority, concluding that the appellant was not entitled to claim input tax credit on the disputed invoice dated 01.04.2020, covering services rendered from April 2018 to March 2019. The decision was based on the understanding that the invoice pertained to the supply period of 2018-19, aligning with the provisions of Section 16(4) of the CGST Act.