issue ID: - 115970 RCM AMOUNT NOT TAKEN IN RCM ITC COLUM

[KAPIL JAIN]

Dear sir,

As per Issue id 115970 RCM amount deposited in Month of Aug 2017 & RCM ITC not taken in GSTR-3B in Eligible ITC RCM ITC column i.e. 4 (A) (3) but GSTR-3B Month of May 2018 Above RCM amount taken in 4(A)(5). Can I RCM ITC amount Taken or Amend in GSTR-9 Return 2017-18.

Regards

[Rajagopalan Ranganathan]

Sir,

According to Section 16 (4) of CGST Act, 2017 "a registered person shall not be entitled to take input tax credit in respect of any invoice or debit note for supply of goods or services or both after the due date of furnishing of the return under section 39 for the month of September following the end of financial year to which such invoice or invoice relating to such debit note pertains or furnishing of the relevant annual return, whichever is earlier :

In your case you have taken the ITC in GSTR-3B return pertaining to May 2018 which shows that you have taken ITC before 20.10.2018, that is, due date for furnishing GSTR-3B return for September 2018 following the financial year 2017-18. Therefore you have taken the credit correctly. Therefore no amendment of GSTR-9 return is required.

[KASTURI SETHI]

ITC has been taken under wrong column as mentioned by the querist. There is a lot of difference between Col.No.4 (A) (3) and 4(A)(5). Under RCM one is to pay tax in cash before availing ITC. Table no. is correct. Common Portal System may create hurdle.

You need the help of Grievance Redressal Cell through jurisdictional GST Range Officer or Divisional Officer to solve the problem otherwise Common Portal System will not allow.

AI Summary

Input tax credit time limit under Section 16(4) allows ITC claimed before the September return due date despite column misreporting. Issue concerns claiming input tax credit under the reverse charge mechanism where tax was deposited but ITC was not entered in the designated RCM ITC column; under Section 16(4) ITC may be claimed up to the due date for the September return following the financial year, so an ITC entry made in May 2018 falls within that time limit. Correct column reporting for RCM ITC is important and misreporting may require engagement with grievance redressal or the jurisdictional officer to resolve portal constraints.