DATE OF AVAILMENT UNDER GST

[SOPL SOPL]

Dear Sir/Madam

What is date of availment of input in Gst?

We have to calculate interest for not paying consideration within 180 days from date of invoice.

Do we need to consider Invoice date on which we have taken input in our books or we have to consider the date on which we have taken this input in our GSTR-3B return i.e credit to Electronic credit ledger?

FYI section 73 and 74 also uses the word wrongly availed?

Further we think that input utilized means input actually adjusted against output tax liability at the time of filing GSTR-3B return.

Eg: 1,00,000 IGST input credited to Electronic credit ledger but in that month 60,000 is utilzed and 40,000 is c/f to next month.We think 60,000 is utilized.

kindly advise.

AI Summary

Debate on Input Tax Credit Availment Date Under GST: Invoice Date vs. GSTR-3B Return Reflection, Rule 37 Highlights A discussion on a forum revolves around the date of availment of input tax credit (ITC) under the Goods and Services Tax (GST) system. Participants debate whether the date should be based on the invoice date or the date when the credit is reflected in the GSTR-3B return. Rule 37 of the CGST rules is highlighted, indicating that interest is applicable from the date of availment in GST returns. Some argue that interest should not be applicable if the credit is not utilized, while others caution about potential retrospective amendments by the government. The discussion emphasizes the need for clarity and compliance with existing provisions.