Availability of ITC when ITC reflected in GSTR 2A after the time limit prescribed under Section 16(4)

[Rajesh Kumar]

Sir/ Madam

Is ITC of the invoices of March 2018, March 2019 and March 2020 is available to the buyer when seller files his GSTR -1 after 20th October 2018, October 2019 and October 2020 respectively ? Means the invoices are hit by the time limit prescribed under Section16(4) of the CGST Act 2017.
In this case, if seller files late GSTR 3B and GSTR-1 returns after 20 th October of next Finance Year, then seller himself not eligible for ITC and buyer also not eligible of ITC passed on by that seller . Am I right ? Please guide

Regards

AI Summary

Debate on Input Tax Credit availability when reflected in GSTR 2A post-Section 16(4) deadline sparks varied opinions. A discussion forum addresses the issue of Input Tax Credit (ITC) availability when reflected in GSTR 2A after the deadline set by Section 16(4) of the CGST Act 2017. The primary concern is whether ITC is available to buyers if sellers file GSTR-1 and GSTR-3B late. Opinions vary, with some suggesting ITC can be availed if reflected in GSTR-2A, while others emphasize compliance with Section 16(4) deadlines. Concerns about potential coercive actions, such as arrest for ITC discrepancies, are discussed, with advice to seek legal guidance and possibly approach higher authorities if necessary.