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Issue ID: 115969
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Section 16 (4) Notice from GST

Date 03 Feb 2020
Replies 5 Replies
Views 8540 Views
Input tax credit reversal required where delayed GST returns render credit time barred, obliging reversal with interest.
Notice demands reversal and payment of un due input tax credit allegedly availed during 2018-19, with interest, under the CGST reversal provision. The taxpayer delayed filing GSTR 3B returns and later made bulk payments in December 2019 using credit and cash. Respondents advise that credit entitlement was subject to the statutory cut off tied to return filing, the late claims are time barred, financial hardship is not an excuse, and the taxpayer is obliged to reverse the un due credits and pay interest as per the notice. (AI Summary)

Dear Sir

We are registered Under GST act since 2017, our issue is below notice received from GST Superintendent of Central Tax, Where we were not paid GSTR 3B since Jan-2018 to Nov-2019, But we have paid all month at a time on dec -2nd using ITC along with Cash and late fees actual as per GST calculations.

But about ITC which we used already there in GSTR 2A, which we paid supplier payments also on time. But due to our delay in clearing of our GSTR 3B , its pending at GST site in our account.

Due to Some our cash crunch we had started new business and no bank support to us, working on collection based only.

Reversal / payment of un-due credits availed as per Sec.16(4) of CGST Act, 2017-reg.

श्रीमान/Sir,

This is to inform you that you have un-due availed credit during the period 2018-19 as per Section 16(4) of CGST Act, 2017. The un-due credits are as follows.

29AFAPS3988J3ZNCHAKRABHAVI RAMANNA SUJATHASLN WAREHOUSING [email protected] - - - - 4,757

29AFAPS3988J3ZNCHAKRABHAVI RAMANNA SUJATHASLN WAREHOUSING [email protected] - - - - 652

29AFAPS3988J3ZNCHAKRABHAVI RAMANNA SUJATHASLN WAREHOUSING [email protected] - - - - 223

29AFAPS3988J3ZNCHAKRABHAVI RAMANNA SUJATHASLN WAREHOUSING [email protected] - - - - 149

29AFAPS3988J3ZNCHAKRABHAVI RAMANNA SUJATHASLN WAREHOUSING [email protected] - - - - 4,165

29AFAPS3988J3ZNCHAKRABHAVI RAMANNA SUJATHASLN WAREHOUSING [email protected] - - - - 281

29AFAPS3988J3ZNCHAKRABHAVI RAMANNA SUJATHASLN WAREHOUSING [email protected] - - - - 2,167

29AFAPS3988J3ZNCHAKRABHAVI RAMANNA SUJATHASLN WAREHOUSING [email protected] - - - - 6,296

29AFAPS3988J3ZNCHAKRABHAVI RAMANNA SUJATHASLN WAREHOUSING [email protected] - - - - 8,803

29AFAPS3988J3ZNCHAKRABHAVI RAMANNA SUJATHASLN WAREHOUSING [email protected] - - - - 8,823

29AFAPS3988J3ZNCHAKRABHAVI RAMANNA SUJATHASLN WAREHOUSING [email protected] - - - - 11,470

29AFAPS3988J3ZNCHAKRABHAVI RAMANNA SUJATHASLN WAREHOUSING [email protected] - - - - 434,943

29AFAPS3988J3ZNCHAKRABHAVI RAMANNA SUJATHASLN WAREHOUSING [email protected] - - - - 2,745

29AFAPS3988J3ZNCHAKRABHAVI RAMANNA SUJATHASLN WAREHOUSING [email protected] - - - - 447

29AFAPS3988J3ZNCHAKRABHAVI RAMANNA SUJATHASLN WAREHOUSING [email protected] - - - - 2,211

Total amount to be ₹ 4,88,129/- plus interest as applicable.

Hence, it is requested that the same may please be paid immediately along with interest, else necessary action will be initiated as per law.

SO please suggest us , where our company is not in postion to pay so much reversal ITC to dept.

Regards

Deerendra

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