Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

Claiming of Reversed ITC

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... We have claimed FY 17-18 ITC in FY 2018-19, later reversed the ITC in FY 2019-20 by mistake, can reclaim the ITC now? - Reply By KASTURI SETHI - The Reply = Once credit has been taken and reversed, time limit prescribed under Section 16 (4) of CGST Act will not apply. See Rule 37(4) of CGST Rules . RULE 37. Reversal of input tax credit in the case of non-payment of consideration .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... (4) The time limit specified in sub-section (4) of section 16 shall not apply to a claim for re-availing of any credit, in accordance with the provisions of the Act or the provisions of this Chapter, that had been reversed earlier. It is also applicable to the scenario in your query. - Reply By NARENDER YARRAGORLA - The Reply = Thank you sir, for your response. I have not reversed ITC .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... as per Rule 37(4) sir - Reply By KASTURI SETHI - The Reply = SH.NARENDER YARRAGORLA JI, Although you have not reversed credit under Rule 37(4) , yet if credit once taken and reversed on your own, time limit specified under Section 16 (4) is not applicable. Have you taken credit in 17-18 within time limit ? What was the reason for reversal ? On which date was credit taken and on which d .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ate credit was reversed ? Whether you reversed on your own or being pointed out by the department ? Pl. clarify. - Reply By Shilpi Jain - The Reply = Looks like credit would be eligible though you would have a dispute from the department since in 19-20 this Credit is not appearing in your GSTR-2A and as usual the department is going to deny the credit. so it would not be an easy take. A .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... lso As raised by Kasturi sir, it would Be a better advice if the reason for reversal is known - Reply By Ganeshan Kalyani - The Reply = As explained by Sri Kasturi Sir the ITC is eligible. And as stated by Shilpi Mam there can be a query basis ITC taken in excess than in 2A. However it is a genuine case and reply can be given. - Claiming of Reversed ITC - Query Started By: - NARENDER YARRAGOR .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... LA Dated:- 2-12-2021 Goods and Services Tax - GST - Got 5 Replies - GST - Discussion Forum - Knowledge Sharing, reply post by an expert, personal opinion Tax Management India - taxmanagementindia - taxmanagement - taxmanagementindia.com - TMI - TaxTMI - TMITax .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates