ITC claimed after due date
May 1st, 2023 asked by Rahul
Dear Sir, can ITC for FY 2019-20 be claimed after due date of filing of return for Sep 2020 which was 24 October. we have filed return for the month of March 2020 in November 2020. department is asking to reverse the ITC for March 2020. please suggest what can be done.
By admin | May 1st, 2023
Expert Answer
By admin | May 1st, 2023
As per section 16(4) ITC of any financial year cannot be claimed after due date of filing of return for the month of september following that financial year. if go by intent of statue you cannot avail the ITC of 2019-20 after due of return of Sep 2020. However, you can take plea before department that section 16(4) states that ITC cannot be after due of RETURN for Sep 2020. in 2020 GSTR 3B was not a return. that has been subsequently designate as return. Since GSTR 3B was not return and GSTR 3 was suspended, section 16(4) was technically non-operative.