HC held that adjudicating authority must consider GSTR-9 annual ...

Input Tax Credit Claims Must Consider GSTR-9 Annual Returns, Not Just GSTR-3B and GSTR-2A Discrepancies Under Section 44

February 10, 2025

Case Laws     GST     HC

HC held that adjudicating authority must consider GSTR-9 annual returns when evaluating Input Tax Credit (ITC) claims, rather than solely relying on discrepancies between GSTR-3B and GSTR-2A returns. The term "reconciliation" in Section 44 implies potential rectification of errors in GSTR-3B through annual returns. Court emphasized that dismissing GSTR-9 filed within extended limitation period would prejudice assessee's rights and render Section 44(1) redundant. Matter remanded for fresh adjudication considering appellant's GSTR-9 submissions, with direction to verify voluntary payment of Rs.6,20,322 claimed during annual return filing but not reflected in GST portal.

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