Input tax credit

[Ashwin Bhalakiya]

If one is having two branches one in state of Tamilnadu and another is in Gujarat under same PAN. If Tamilnadu branch supplies goods to Gujarat on 27th Jan 2022 and Gujarat receives the goods on 5th Feb-2022, in this circumstance when Gujarat can claim ITC (Gujarat is in possession of tax invoice which is send by Tamilnadu by Mail.).

Please Give your opinion considering section 16 of CGST act.

[Amit Agrawal]

Gujarat can claim ITC only on or after 05.02.2022 in my view.

[Rajagopalan Ranganathan]

Sir,

According to Section 16 (2) (b) of CGST Act, 2017 the goods or the services or both should have been received in the registered premises of the recipient. Therefore you are eligible to take credit on or after 05.02.22 though the invoice is received earlier by e-mail.

[DIWAKAR MINOCHA]

Dear Sir

The important aspect is GSTR 2B which is required to be considered. The tax paid in the month of jan 22 will be available for utisation only in feb 22 by other unit.

Thanks & Regards

[DIWAKAR MINOCHA]

Dear Sir

Kindly read Tax paid in jan 22 as tax for jan22 similarly istead of in feb22 for feb22

pardon me

Thanks

AI Summary

Input Tax Credit requires physical receipt of goods at the recipient premises before claiming; invoice alone is insufficient.
ITC is claimable only when the recipient has physically received the goods at its registered premises; an earlier invoice received by e mail does not permit earlier availment. The receiving branch under the same PAN may claim credit from the date of physical receipt, and practical utilisation aligns with the tax period and return reporting (including GSTR 2B) that reflect the receipt.