Error in GST Annual Return

[VIGNESH]

Sir, we have come across a case where the dealer has booked purchase for the goods in 15.04.2019 but the bill shows 12.02.2019, as the goods were received by him on 15.04.2019 (proof of delivery available) he has posted in his books on the date. (2 different financial years are involved) , while filing GSTR-9 for 31.03.2019 he has not shown ITC as c/fd to next year instead he left the difference amount as such and for 31.03.2020 he has claimed excess amount available. now the department is asking to pay the Excess ITC claimed in 31.03.2020. is there any chances or provisions to establish as Procedural Lapse or he has to admit and pay taxes.

[Ganeshan Kalyani]

Sir, this is a procedural lapse and you need to explain the officer about the fact.

[Shilpi Jain]

Has he availed credit on 31.3.20?

[Shilpi Jain]

U/s 16(4) the credit availing due date is linked to the invoice date. So this credit should have been availed by 20.10.2019.

[VIGNESH]

Yes mdm, we have availed and utilized the credit available before 31st August

[Mr Rao]

Dear querist,

Agreed with expert. The ITC should have been availed by you by 20.10.2019. If that is the case, there is no dispute. If you have availed after 20.10.2019, then the dispute arises and department has a valid point.

AI Summary

Input tax credit timing rule: late availing linked to invoice date can be disallowed and recovered by department. A purchase-recording timing mismatch led to ITC being omitted in one GST annual return and claimed in the next. Availing ITC is governed by the invoice-linked time limit under section 16(4); if the credit was availed within that invoice-linked due date there is no dispute, but if availed after that due date the department can disallow or recover the excess ITC. A procedural explanation may suffice where the deadline was met, but statutory time-bar noncompliance supports the department's demand.