availing ITC after September 2019

[RajivKumar Gawri]

I have not filed my GSTR-3B for the month of January 2019, February 2019 and March 2019. I will file the same with late fees and interest. Can I claim Input Tax Credit in respect of the supply of goods and services received by me during those months even when the date of availing the same as per Section 16 has already passed

[Ganeshan Kalyani]

You will loose the ITC as the time period to claim ITC of FY 18-19 is already elapsed. Even if you claim through GSTR 3B which also self assessed ITC to claim, the ITC so claimed will be disallowed during the assessment. It may also be pointed out as observation by your GST auditor which you may appoint to file GST 9/9C of the said year.

[KASTURI SETHI]

I agree with Sh.Ganeshan Kalyani Ji.

AI Summary

Input Tax Credit recovery denied where statutory time to avail credit has expired; late GSTR 3B claim likely disallowed on assessment. Availability of Input Tax Credit is time barred once the statutory period under Section 16 for the relevant fiscal year has passed; belated self assessed ITC claimed via later GSTR 3B filings is likely to be disallowed during assessment and may be recorded by the GST auditor in annual reconciliation and audit returns.