ITC by Receiver

[Ajay Airan]

If supplier has uploaded the GSTR-1 of January 2019 on January 2020,Can ITC be claimed by the reciever. As per Section 16 (4) of CGST Act “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 debit note pertains or furnishing of the relevant annual return, whichever is earlier.

In this case the Return was filed after the due date of filing the return of September.

[KASTURI SETHI]

ITC is time barred. No relaxation was granted by Govt. for the year 18-19. Filing the return late does not entitle to ITC which could be availed by 20.10.19.

[YAGAY andSUN]

In addition to above reply in our view the taxpayer cannot take ITC of supplies received under Forward charges if its time barred, but for RCM taxes which taxpayer forgot to take ITC within stipulated time period can be claim as Refund Under section 54 within 2 years from the date of payment of taxes (i.e GSTR-3B Due Date).

[Ganeshan Kalyani]

Sir, the compulsion of the invoice to appear in GSTR-2A to take credit was made from 09.10.2019. Before that you could have taken the credit based on invoice and other proofs like goods received, payment made to the supplier etc. However, now that the time is already elapsed, the credit is lost.

AI Summary

Time-barred input tax credit: late supplier filing prevents ITC; RCM refund may be available under section 54 within limitation. The recipient cannot claim input tax credit once the statutory time limit for ITC has elapsed; late supplier GSTR-1 filing or late return filing does not revive entitlement. For taxes paid under the reverse charge mechanism, if ITC was not claimed within the prescribed period the taxpayer may seek a refund under the statutory refund provision within the limitation period from the date of tax payment. The invoice appearance requirement in GSTR-2A became compulsory from a stated implementation date, but prior to that recipients could rely on invoices and other proofs; nevertheless, expired limitation results in loss of credit.