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Issue ID: 116180
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ITC claimed under wrong head

Date 03 Apr 2020
Replies 8 Replies
Views 29046 Views
Input Tax Credit misclassification may be remedied by deposit and refund or adjustment, but risks penalties and notices.
Wrong classification of input tax credit where IGST was required but CGST and SGST credits were availed can be remedied by depositing under the correct head and seeking refund or adjustment of amounts paid under the incorrect heads; case law supports relief by aligning payments with the correct tax head where no revenue loss occurred. (AI Summary)

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?

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