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GST ITC Eligibility, Goods and Services Tax - GST

Issue Id: - 117726
Dated: 23-12-2021
By:- Ethirajan Parthasarathy
GST ITC Eligibility

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Sec.16(2)(aa) of the CGST Act which limits ITC eligibility only to the extent of what is reported in GSTR 2A of the recipient comes into force w.e.f 01/01/2022

My query is whether above condition applies to ITC eligibility for the month of Dec’21 (for which return will be filed in Jan’22)

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Showing Replies 1 to 8 of 8 Records

1 Dated: 23-12-2021
By:- Rajagopalan Ranganathan

Sir,

In my opinion any return filed after 01.01.2022 is subject to the provisions of Section 16 (2) (aa) even though the return petains to period earlier to 01.01.2022.


2 Dated: 23-12-2021
By:- Rajagopalan Ranganathan

Sir,

Read "pertains" instead of "petain"


3 Dated: 24-12-2021
By:- KASTURI SETHI

I am also of the same view as opined by Sh.Ranganathan, Sir.


4 Dated: 25-12-2021
By:- Shilpi Jain

It should apply for credit availed on or after 1.1.22.

Credit whether to be considered as availed in return or in books?

This would decide whether it would be Jan or dec credit...


5 Dated: 31-12-2021
By:- Amit Agrawal

Restrictions for availing ITC by linking it with uploading details by the suppliers under sub-section (1) of section 37, was first time brought vide Notification No. 49/2019 – Central Tax dated 09.10.2019.

Consequently, CBIC had issued circular bearing No. 123/42/2019– GST dated 11th November, 2019 by using powers conferred under section 168(1) of the CGST Act and clarified that 'The restriction of 36(4) will be applicable only on the invoices / debit notes on which credit is availed after 09.10.2019' while answering question at serial No. 1.

In other words, as per CBIC, said restrictions were definitely not applicable for ITC availed for the month of Sept, 2019 and reported while filing return by 20th October, 2019.


6 Dated: 31-12-2021
By:- Amit Agrawal

I understand that issue whether 'Date of taking ITC' is 'Date of Filing Return' is contentious issue. And it is better to avoid disputes in such matters to the extent possible (specially if ITC can be claimed next month).

It is better to avoid taking risk/s specially when rewards are not commensurate with risks so taken.


7 Dated: 31-12-2021
By:- Amit Agrawal

On core issue, I hold a personal view that date of taking ITC in a particular month' is not equated with 'date of actual filing of GSTR-3B return for such month'.


8 Dated: 2-1-2022
By:- KASTURI SETHI

Sh.Amit Agrawal Ji,

Sir, I agree with your views expressed at serial nos.6 & 7 above. I further add that the date of taking ITC in books of Account (being statutory records) cannot be brushed aside.If ITC is taken in GSTR 3B and the same is reflected in 2A in Common Portal but the goods have not been physically received, then credit will not be allowed despite entry in books of accounts.

However, if all the conditions are fulfilled as per Sections 16 & 17, the date of taking ITC in books of account should be preferred to the date of taking ITC in GSTR 3B, regarding the time limitation.


1

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