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REVERSAL OF EXCESS ITC

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..... REVERSAL OF EXCESS ITC
Query (Issue) Started By: - NAMAN DOKANIA Dated:- 13-7-2022 Last Reply Date:- 16-7-2022 Goods and Services Tax - GST
Got 7 Replies
GST
in GSTR-3B for the month of April 2019, an ITC of Rs. 1000000/- was excessively taken in GSTR-3B, but the same was reversed in April 2020 in GSTR-3B. The reversal was not separately shown. Rather the same was netted off i.e. to s .....

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..... ay that total ITC for the month of April 2020 was 2500000/-, but we took net ITC of 1500000/- only. The same was also shown and reflected in GSTR-9 for the FY 2019-20 & 2020-21. Now during the audit, department is not allowing the reversal. How can we go about this? Reply By Shilpi Jain: The Reply: You will have to show them reconciliation of 2020 ITC to show that the excess ITC was adjusted s .....

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..... ubsequently. Try to also get CA in this regard to mention that excess ITC was reversed in next year Reply By NAMAN DOKANIA: The Reply: The GSTR-9 shows the bifurcation of 2500000 total itc less ITC Reversed 1000000/-. But in GSTR-3B we have not shown separately about the reversal. Reply By Amit Agrawal: The Reply: Para 4 of the Circular No. 26/26/2017-GST dated 29th December , 2017 Reply By .....

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..... NAMAN DOKANIA: The Reply: Amit Sir I got your circular but it doesnot relates to our case as it is a matter of reversal of itc not showing separately. Can u help on this. Reply By KASTURI SETHI: The Reply: You will get relief (right) only through litigation. SCN will be issued. Reply By Amit Agrawal: The Reply: Dear Querist, W.r.t. your post No. 4, in my personal view, Para 4 of the Circ .....

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..... ular No. 26/26/2017-GST dated 29th December , 2017 actually allows 'ITC reversal' as done by you. All you need to read and re-read said Para to understand what I am saying. While Para 3 and table annexed to the circular will not support your course of action, Para 4 starts with the words 'It is clarified that....'. Once there was option given by Board to reverse excess ITC of ear .....

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..... lier months by showing ITC of subsequent month/s on 'On net basis' (by issuing a circular in exercise of its powers conferred under section 168 (1) of the Central Goods and Services Tax Act, 2017), in my humble view, nothing stops you to using that option so given. These are strictly personal views of mine and the same should not be construed as professional advice / suggestion. Reply By .....

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..... Amit Agrawal: The Reply: Better way is to call what you have done as 'correction / rectification in ITC' in subsequent months (instead of 'Reversal of ITC'), so as to also use Section 39 (9) as part of your defense read with above-said Para 4 of the circular. These are strictly personal views of mine and the same should not be construed as professional advice / suggestion.
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..... iscussion Forum - Knowledge Sharing .....

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