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Belated payment of IGS on disputed imports -- Eligibility of ITC, Goods and Services Tax - GST |
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Belated payment of IGS on disputed imports -- Eligibility of ITC |
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Dear Experts, Can we take ITC by way of belated payment of IGST on the disputed imports machinery which was cleared and utilized for production more than year? ( During such period case is pending and now favoured to the department.) Posts / Replies Showing Replies 1 to 7 of 7 Records Page: 1
Not allowed. See Section 17 (5) (i) of CGST Act, 2017 and Rule 36(3) of CGST Rules, 2017. Your case is hit by Section 17 (5)(i) of CGST Act, 2017. SECTION 17. Apportionment of credit and blocked credits (5) Notwithstanding anything contained in sub-section (1) of section 16 and sub-section (1) of section 18, input tax credit shall not be available in respect of the following, namely :- (i) any tax paid in accordance with the provisions of sections 74, 129 and 130. RULE 36. Documentary requirements and conditions for claiming input tax credit. (3) No input tax credit shall be availed by a registered person in respect of any tax that has been paid in pursuance of any order where any demand has been confirmed on account of any fraud, wilful misstatement or suppression of facts.
Sir, Whether, the dispute was regarding payment of Customs duty (Customs duty includes IGST)?
Dear Mr.Alkesh Customs duty includes IGST payment at the time of import.
Sir, I understand Customs duty includes IGST, my question was belated payment was disputed by Customs Authority or GST Authority?
Also mention who passed the order?
Dear Mr.Alkesh, Customs DRI issued the summon and hearing was over. Customs authority insisted to pay IGST.
Sir, You can take credit on the basis of Duty paid challan (Customs duty). As Section 17(5) of CGST Act, 2017 is for Tax and not for Duty, neither it is disputed under Section mentioned. This is my view. As full details were not give our expert expressed the views as per the information furnished. Thanks Page: 1 Old Query - New Comments are closed. |
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