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IMPORT TRANSACTION ENTRY

SURYAKANT MITHBAVKAR

We have imported material wherein Bill of Entry date is 31.03.23. We have paid custom duties including IGST on 10.04.23. Examination & inspection has been done on 13.04.23 by custom authority & we have received the material on 14.04.23.

In our GSTR-2B for Mar-23 the above transaction is not reflected however it may reflect in the next month i.e. April-23 with bill of entry dated 31.03.23. In this case, can we consider the above transaction in current year i.e. 2023.-24 or in the previous year i.e. 2022-23 ?

Claim Imported Goods ITC in April 2023: Align with Goods Receipt Date Under GST Rules A discussion on a forum addresses the timing for claiming Input Tax Credit (ITC) for imported goods under the Goods and Services Tax (GST). The bill of entry is dated March 31, 2023, but the goods were received in April 2023. Participants, including several experts, agree that ITC should be claimed in April 2023, aligning with the receipt of goods and the final assessment date. Although one participant notes a differing departmental view, the consensus is that ITC eligibility begins upon receipt of the goods, supporting its inclusion in the April 2023 GSTR-3B. (AI Summary)
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Alkesh Jani on Apr 20, 2023

Shri

I am of the view that this transaction is to be shown in the current F.Y. i.e. 2023-24. As the Bill of entry is finally assessed on 13.04.2023 and ITC can be taken on receipt of the goods i.e. on 14.04.2023.

Bill of Entry is a declaration subject to assessment of the same by the proper authority.

Thanks

Padmanathan KV on Apr 20, 2023

I agree with Alkesh Ji. Since materials are received only in April 2023, ITC becomes eligible only in April 2023. Therefore, it has to be reported in GSTR-3B of April 2023. The accounting of the said import in books can be done in April 2023, otherwise there will be a reconciliation difference between books and GSTR-3B.

Amit Agrawal on Apr 20, 2023

I agree with my professional colleagues that subject ITC can be availed in April, 23 only.

P.S. There is no legal requirement that such Bill of entry should reflect in Form GSTR-2B before availing ITC there-against.

These are ex facie views of mine and the same should not be construed as professional advice / suggestion.

KASTURI SETHI on Apr 20, 2023

Bill of entry passed by the Customs Officer is an Assessment Order. Agree with all experts.

Ganeshan Kalyani on Apr 30, 2023

Sir, if BOE is dated 31.03.2023 then it should appear in 2B of Mar-23. Further, dept. held a view in one of my case is that if BOE date is 31.03.23 then ITC to be claimed in Mar 23. However, this view is debatable as Sec. 16(2) states that goods should have been received as one of the condition to claim ITC. Since, in this case the goods is received in Apr 23 the same will be account in Apr 23 and also ITC would be claimed in Apr 23.

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