GST Refund F Y 2018.2019

[NILESH PITALE]

Respected Expert

Fact of The Case : Our Client is exporter

Durning The F Y 2018.2019 We had ITC Claimed but We Did not Claimed entire ITC In Return 3B and Nor Claimed in Sept 2019 Return ,Its Reflecting in our 2A. While Filling The Refund Application only Available ITC is displaying.

Our Quairy : is there any provision/Guideline/Circular/Case laws under GST to Claimed Such unclaimed ITC

Please guide

[Rajagopalan Ranganathan]

Sir,

Under GST law ITC can be claimed within one year from the date of invoice or on or before the due date for filing GSTR-3B return for the month of September following the end of the financial year or on or before last date for filing GSTR-9 for the financial year which ever is earlier. There is no other provisions to claim unclaimed ITC under GST law. This is my view. My be there are ways to claim the same by invoking the writ jurisdiction of the High Court but success of such petition is very remote.

[KASTURI SETHI]

ITC reflected in 2A was to be accepted by you and thereafter it would have been transferred into your Electronic Credit Ledger. Now it is too late.

[Bhavika Chothani]

Since the last date to claim such ITC is gone. Now you cannot claim this ITC. It is lapsed now

AI Summary

Input tax credit time-bar prevents belated claims; unclaimed ITC generally lapses after prescribed filing deadlines.
ITC shown in purchase-side records needed recipient acceptance and transfer into the Electronic Credit Ledger and must be claimed within the statutory time limits; absent such acceptance and timely claiming under the return/annual filing deadlines, unclaimed ITC lapses and is not available for refund, with only remote prospect of revival by extraordinary judicial remedy.