ITC Eligibility in case of revocation

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ITC Eligibility in case of revocation
Query (Issue) Started By: - Kushal Mishra Dated:- 26-2-2021 Last Reply Date:- 28-2-2021 Goods and Services Tax - GST
Got 4 Replies
GST
Assesse has failed to filed GST returns for more than 28 months, reason being strong medical issues of proprietor. Now registration has been revoked, question is whether now ITC which has never being claimed earlie .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... r whether they will be available for setting off against the liability. Reply By Abhishek Tripathi: The Reply: Filing of return is one of the criteria for the entitlement of Input Tax Credit. Eligibility of the ITC for the period of 28 Months will problematic in light of Sec. 16(2)(d) of the CGST Act. There might be a possibility of using the unutilized ITC (if any prior to 28 Months) to set of .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... f the liability of tax. May try filing revocation of cancellation of registration. Reply By KASTURI SETHI: The Reply: Sh.Kushal Mishra Ji, You cannot expect any miracle. I mean to say relief cannot be expected from ANY quarter on time-bar issue. This is a factual legal position. Hope you will not mind my frank and sincere reply. Reply By Ganeshan Kalyani: The Reply: I agree with Sri Kastu .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ri Sir's view. The law does not allow to claim ITC on time barred invoices. May it be any reason. It is like if you are absent for exam you are fail. The reason could be anything. Reply By KASTURI SETHI: The Reply: Most appropriate simile used by Sh.Ganeshan Kalyani Ji. Such proper usage makes the concept clearer to the reader.
Discussion Forum - 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