Goods imported in the year 2021 against which differential customs duty including IGST paid in 2023. Can ITC be claimed on the IGST element against such differential customs duty paid pertaining to goods received in the year 2021 and original bill of entry also is of the year 2021?
ITC on differential customs duty paid
Kaustubh Karandikar
Can Input Tax Credit be claimed on IGST paid in 2023 for goods imported in 2021? Section 16(4) insights. A discussion on a forum addressed whether Input Tax Credit (ITC) can be claimed on Integrated Goods and Services Tax (IGST) paid as part of differential customs duty for goods imported in 2021, with the duty paid in 2023. One participant argued ITC is claimable since restrictions under section 16(4) apply only to invoices and debit notes, not bills of entry. Another highlighted the importance of the assessment date of the bill of entry. It was suggested that if the bill of entry is reassessed, credit can be claimed; otherwise, attempts should be made to update it to avoid denial of credit. (AI Summary)