Eligibility of ITC

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... Eligibility of ITC
Query (Issue) Started By: - Kaustubh Karandikar Dated:- 4-3-2020 Last Reply Date:- 15-3-2020 Goods and Services Tax - GST
Got 3 Replies
GST
In case of Services provided by Govt., the licence fee is paid to State Govt. in February'19 but GST under reverse charge paid July'19 with interest. Will this be treated in financial year 18 - 19 and ITC cannot be claimed on it .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... or since the GST was paid in July'19, it will be treated as transaction in 19 - 20 and ITC can be claimed on it in this month? Reply By Atul Rathod: The Reply: Logically it should be the transaction of 18-19 but strictly going into the provision-it would be treated as transaction of 19-20 based on self invoice and there is no time limit of rasing self voucher. Credit can be allowed. Reply By K .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ASTURI SETHI: The Reply: Time of supply of services is the date of payment as per Section 13(3) (a) of CGST Act. Hence ITC is not time barred. Transaction is to be accounted for in 19-20. Reply By Kashish Gupta: The Reply: Kindly refer to the section 31(3)(f), reproduced below: "(f) a registered person who is liable to pay tax under sub-section (3) or sub-section (4) of section 9 shall i .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ssue an invoice in respect of goods or services or both received by him from the supplier who is not registered on the date of receipt of goods or services or both;" Therefore, legitimate liability to issue self-invoice is on the date of receipt of services. Hence, a registered person cannot take the shelter of delay made in issuance of self invoice for the claiming eligibility of input tax .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... credit considering the transaction to be of a financial year in which self-invoice has been issued instead of FY to which it pertains. Further, the capping of section 16(4) specifically mentions "financial year to which invoice.....pertains". This essentially clarifies the intention of law makers. Hence, it should be considered as transaction pertaining to FY 2018-19.
Discussion Fo .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... rum - Knowledge Sharing .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X