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ITC of Tax paid u/s 9(4) on supply received after 12/10/17, Goods and Services Tax - GST

Issue Id: - 115935
Dated: 25-1-2020
By:- DURGADUTT DUBEY
ITC of Tax paid u/s 9(4) on supply received after 12/10/17

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As we all know that rcm u/s 9(4) was suspended by the government vide notification no. 38/2017 dated 13/10/2017, but, what if we have mistakenly paid tax on supplies received from unregistered party after 12/10/17 and the same has been availed as ITC in the return. Are we entitled to take credit of such paid tax ?

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1 Dated: 26-1-2020
By:- KASTURI SETHI

NOT allowed. Such tax has been paid without any authority of law. You cannot claim refund as it is time barred now. A period of two years has elapsed.You will have to reverse ITC taken with interest. If you reverse with interest before the issuance SCN you can save penalty.


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