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TMI BlogClarification relating to application of sub-rule (4) of rule 36 of the MGST Rules, 2017 for the months of February, 2020 to August, 2020X X X X Extracts X X X X X X X X Extracts X X X X ..... r, 2020 issued by the CBIC Central Board of Indirect Taxes and Customs (CBIC) has issued the above referred circular. For the uniformity, it has been decided that the said circular issued by the CBIC is being made applicable, mutatis mutandis, in implementation of the MGST Act, 2017. Copy of the referred CBIC circular is attached herewith. This Trade Circular is clarificatory in nature. Difficulty if any, in the implementation of this Circular may be brought to the notice of the office of the Commissioner State Tax, Maharashtra. Yours faithfully, (Sanjeev Kumar) Commissioner of State Tax, Maharashtra State, Mumbai. Circular No. 142/12/2020- GST F. No. CBIC/20/06/14/2020-GST Government of India Ministry of Finance Department of R ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iformity in the implementation of the said provisions across the field formations, the Board, in exercise of its powers conferred under section 168(1) of the CGST Act hereby clarifies certain issues in succeeding paragraphs. 3.1 It is re-iterated that the clarifications issued earlier vide Circular No. 123/42/2019 - GST dated 11.11.2019 shall still remain applicable, except for the cumulative application as prescribed in proviso to sub-rule (4) of rule 36 of the CGST Rules. Accordingly, all the taxpayers are advised to ascertain the details of invoices uploaded by their suppliers under sub-section (1) of section 37 of the CGST Act for the periods of February, March, April, May, June, July and August, 2020, till the due date of furnishing o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ation of sub-rule (4) of rule 36 of the CGST Rules would be treated as availment of ineligible ITC during the month of September, 2020. 4. The manner of cumulative reconciliation for the said months in terms of proviso to sub-rule (4) of rule 36 of the CGST Rules is explained by way of illustration, in a tabulated form, below. Table I Tax period Eligible ITC as per the provisions of Chapter V of the CGST Act and the rules made thereunder, except rule 36(4) ITC availed by the taxpayer (recipient) in GSTR-3B of the respective months Invoices on which ITC is eligible and uploaded by the suppliers till due date of FORM GSTR-1 for the tax period of September, 2020 Effect of cumulative application of rule 36(4) on availability of ITC. Feb ..... X X X X Extracts X X X X X X X X Extracts X X X X
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