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2024 (5) TMI 235

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..... tails of purchase were reported in GSTR-2B in the month of July 2023. The applicant avers that the original invoice was issued on 4/8/20123 that is in the month of August and therefore they would like to claim input tax credit on this invoice which was raised on them in the month of August 2023 that is during the month in which they have opted to pay higher rate of tax with ITC. The applicant by opting to pay tax at a lower rate by not availing input tax credit on the goods and services used in his supplies has forfeited his right to avail input tax credit on the goods and services procured by him during the earlier period. The car purchased by him was reported by the supplier in his GSTR-01 in the month of July under section 37 of the CGST .....

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..... ent of Rs. 5,000/- under SGST and Rs. 5,000/- under CGST towards the fee for Advance Ruling. The Applicant has declared that the questions raised in the application have neither been decided nor are pending before any authority under any provisions of the CGST/TGST Act 2017. The application is, therefore, admitted after examining it and the records called for and after hearing the applicant as per section 98(2) of TGST Act 2017. 4. BRIEF FACTS OF THE CASE: The applicant Noori travels, Registered with GST No. 36AADFN2683D1ZE, provides the services of Transport of passenger services by any Motor vehicle designed to carry passengers where the cost of fuel is included in the consideration charged from the service recipient. The applicant paid t .....

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..... icant verified GST Records (GSTR 2B), the said invoice is uploaded by the supplier in July 2023 GSTR-2B Return, but the purchase invoices issued are dated 4.8.2023 and Sale certificate (form 21) issued as on 4.8.2023. In this circumstance. The applicant needs advance ruling, whether the above said GST amount of Rs, 13,94,702 can be availed as input tax credit. The applicant attached the following the documents for reference 1) Vehicle purchase invoice copy, 2) Sale Certificate, 3) GSTR-2B Returns July, 2023, 4) Challan copy, 5) copy of letter submitted at Department regarding GST rate change. 5. QUESTIONS RAISED: 1. Whether we consider the above said GST amount of Rs, 13,94,702 as a input tax credit and eligible for utilization.? 6. PERSONA .....

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..... hat is in the month of August and therefore they would like to claim input tax credit on this invoice which was raised on them in the month of August 2023 that is during the month in which they have opted to pay higher rate of tax with ITC. 4. The applicant by opting to pay tax at a lower rate by not availing input tax credit on the goods and services used in his supplies has forfeited his right to avail input tax credit on the goods and services procured by him during the earlier period. The car purchased by him was reported by the supplier in his GSTR-01 in the month of July under section 37 of the CGST Act and the applicant was communicated this invoice in his GSTR-2B return. The statutory returns filed on the common portal stand on a hi .....

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