ITC Eligibility in case of revocation

[Kushal Mishra]

Assesse has failed to filed GST returns for more than 28 months, reason being strong medical issues of proprietor. Now registration has been revoked, question is whether now ITC which has never being claimed earlier whether they will be available for setting off against the liability.

AI Summary

Individual Loses GST Registration for 28 Months; ITC Eligibility Hinges on Section 16(2)(d) Filing Requirements An individual failed to file GST returns for over 28 months due to medical issues, resulting in the revocation of their registration. They inquired about the possibility of utilizing unclaimed Input Tax Credit (ITC) to offset tax liabilities. Respondents highlighted that filing returns is essential for ITC eligibility, referencing Section 16(2)(d) of the CGST Act. They noted that ITC from the period before the 28 months might be usable, but the law does not permit claiming ITC on time-barred invoices. Suggestions included attempting to revoke the cancellation of registration, though relief is unlikely.