Section 38 and Section 41

[VIGNESH]

Sir. Kindly clarify whether ITC to be availed on basis on section 38 or Section 41 both are contradictory. Section 38 says ITC claim to be on GSTR-2B, but Section 41 details ITC Claim on self assessment basis and if excess claimed shall be pay/reverse with interest. With the above two sections what implies is ITC can be claimed more than what is declared in GSTR -2B and GSTR-2B restricts ineligible ITC alone! is that correct. Kindly guide

AI Summary

Clarification on GST Input Tax Credit: Section 38 vs. Section 41-No Contradiction, Align ITC Claims with Legal Conditions. A discussion on a forum revolves around the interpretation of Sections 38 and 41 of the Goods and Services Tax (GST) law, specifically concerning the eligibility and conditions for claiming Input Tax Credit (ITC). The query raises concerns about potential contradictions between these sections, with Section 38 involving information available in GSTR-2B and Section 41 focusing on self-assessment. Respondents clarify that Section 38 provides information on eligible ITC, while Section 41 allows for ITC claims based on self-assessment, subject to compliance with conditions in Section 16. It is concluded that there is no contradiction, and ITC claims must align with the conditions specified in the law.