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TMI Blog2021 (7) TMI 1362X X X X Extracts X X X X X X X X Extracts X X X X ..... Therefore, unless a mention is particularly made to such dissimilar provisions, a reference to the CGST Act would also mean reference to the corresponding similar provisions in the APGST Act. 2. The present application has been filed u/s 97 of the Central Goods & Services Tax Act, 2017 and AP Goods & Services Tax Act, 2017 (hereinafter referred to CGST Act and APGST Act respectively) by M/s. Vishnu Chemicals Limited (hereinafter referred to as applicant), registered under the AP Goods & Services Tax Act, 2017. 3. Brief Facts of the case: The applicant, M/s. Vishnu Chemicals Limited is engaged in manufacture of Basic Chromium Sulphate, Sodium Sulphate and Chromic Acid falling under HSN 28332990, 28331100 and 28191000. For the purpose of s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tation for claiming ITC under sub-section (4) of Section 16 of the CGST/SGST Act, 2017. (2) If the applicant avails ITC on such invoice after 01.04.2020 and before filing GST return for September 2021/Annual Return for 2020-2021, whether it amounts to violation of condition stipulated under sub-section (4). On Verification of basic information of the applicant, it is observed that the applicant is under Centre jurisdiction, i.e., Superintendent, CGST Parawada Range, Visakhapatnam South Division. Accordingly, the application has been forwarded to the jurisdictional officer and a copy marked to the State Tax authorities to offer their remarks as per Sec. 98(1) of CGST /APGST Act 2017. No remarks were received from the jurisdictional officer ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n subsequent financial year in respect of "supplies made in previous financial year". To give an illustration, in respect of supplies made in financial year 2018-2019, if the invoice is issued in April 2019, the late date for availing credit on such invoice under Sec 16(4) would be Sept 2020, but not Sept 2019. To give another example, if supplies are made in financial year 2018-2019 and due to price escalation if a debit note is issued in the month of October 2019, for supplies made in financial year 2018-2019, then limitation under Sec 16(4) in respect of such debit note for claiming ITC would be Sept 2020 (based on debit note date), but not Sept 2019 (based on original supply date). Hence, the applicant is of the view that they are en ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ithin a prescribed period, issue a tax invoice, showing the description, value, tax charged thereon and such other particulars as may be prescribed." The Act prescribes certain conditions for the issuance of tax invoice in case of supply of services, among which Rule 47 prescribes the time limit for issuing of tax invoice. "Rule 47. The invoice referred to in rule 46, in the case of the taxable supply of services, shall be issued within a period of thirty days from the date of the supply of services." If we look into the present case, it is evident that the invoice has not been issued within the stipulated time as prescribed by the act. The second part of the question is that whether the invoice mentioned above is hit by the limitation ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Thus, Act necessitates the applicant to claim input tax credit as per the conditions prescribed under the act. With the foregoing, we rule as under. RULING (Under Section 98 of Central Goods and Services Tax Act, 2017 and the Andhra Pradesh Goods and Services Tax Act, 2017) Question: Whether the tax invoice dated 01.04.2020 issued by the supplier of service for the rental service supplied for the period 01.04.2018 to 31.03.2019 is hit by the limitation for claiming ITC under Section 16(4) of the CGST/SGST Act, 2017. Answer: The invoice referred pertains to the services rendered in the financial year 2018-2019 and hence it is 'hit by the limitation for claiming ITC' under Section 16(4). Question: If the applicant avails ITC on ..... X X X X Extracts X X X X X X X X Extracts X X X X
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