ITC claimed under wrong head

[Vibha Palekar]

In FY 2018-19, a person has wrongly claimed CGST and SGST of ₹ 30,000 each instead of claiming IGST of ₹ 60,000. No correction made in subsequent returns upto September 2019. However, the net tax payable after such ITC availment is paid under the correct head. Is there any way to correct this mistake in GSTR-9? Will the IGST lapse?

AI Summary

Mistaken CGST/SGST Claim Instead of IGST in FY 2018-19 Raises Correction Concerns and Potential Penalties A person mistakenly claimed CGST and SGST instead of IGST in FY 2018-19, with no corrections made until September 2019. Although the net tax payable was correctly settled, concerns arose about correcting this in GSTR-9 and the potential lapse of IGST. Responses suggested compliance with provisions related to Input Tax Credit (ITC) claims and referenced cases from Kerala and Jharkhand High Courts for guidance. It was noted that availing ITC under the wrong tax head is more serious than paying tax under the wrong head, potentially attracting penalties. Suggestions included notifying the jurisdictional GST officer to avoid penalties.