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TMI BlogITC Eligibility in case of GST Return of March,2020 filed in December,2020.X X X X Extracts X X X X X X X X Extracts X X X X ..... ITC Eligibility in case of GST Return of March,2020 filed in December,2020. X X X X Extracts X X X X X X X X Extracts X X X X ..... Reply By KASTURI SETHI: The Reply: Time limit was not extended for this purpose by the Supreme Court and Govt. Reply By RaamSrinivasan Kalpathi: The Reply: There is no way department will allow ITC credit beyond due date provided u/s.16(4). Nonetheless, if the situation is extenuating then you may try filing a writ under Article 226. Please see if this case law is useful, viz. in the case of Ka ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vin HP Gas - 2023 (12) TMI 1051 - MADRAS HIGH COURT. Reply By KASTURI SETHI: The Reply: Article 226 is a panacea, if the High Court or Supreme Court finds the case fit. But this channel is very costly and time consuming. There is no 100 % certainty. There are cases where the High Court or Supreme Court refused the benefit of Article 226. The Apex Court and Govt. both are very very strict regar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ding time bar limit under Section 16(4) of CGST Act, especially, keeping in view frauds in availing ITC/Cenvat Credit in pre-GST era and post GST regime. One should be pro-active. Reply By Ganeshan Kalyani: The Reply: I agree with the view of the expert. Reply By raghunandhaanan rvi: The Reply: Thank you Experts for your valuable inputs Reply By Padmanathan Kollengode: The Reply: If the IT ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... C involved is huge, you can try litigate. One possible argument that is being taken is that ITC is to be taken in Books maintained under section 35 and only reporting is done in GSTR-3B. Also what was the reason for delay? was it because the cash component could not be arranged? In that case one can take a stand that though Law does not mandate payment of cash to file GSTR-3B, portal is restrict ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing it. Reliance may be placed on Madras HC decision in Kavin HP - 2023 (12) TMI 1051 - MADRAS HIGH COURT but being considerate of the facts and circumstances in that case.
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