Query regarding Section 16(4) of CGST Act

[Jasbir Uppal]

Dear Professionals,

That the applicant firm has filed GSTR-3B for the month of Feb. 2020 Dated 23/10/2020 and turnover was below rupees five crore, and as per Notification No. 29/2020 – Central Tax New Delhi, the 23rd March, 2020 for taxpayers having an aggregate turnover of up to rupees five crore rupees in the previous financial year, whose principal place of business is in the States of Himachal Pradesh, Punjab, Uttarakhand, Haryana, Rajasthan, Uttar Pradesh, Bihar, Sikkim, Arunachal Pradesh, Nagaland, Manipur, Mizoram, Tripura, Meghalaya, Assam, West Bengal, Jharkhand or Odisha, the Union territories of Jammu and Kashmir, Ladakh, Chandigarh or Delhi, the return in FORM GSTR-3B of the said rules for the months of April, 2020 to September, 2020 shall be furnished electronically through the common portal, on or before the twenty fourth day of the month succeeding such month.

Therefore, my query is the last date for GSTR 3B submission and last date for ITC claim will be considered as 24th Oct 2020 or 20th Oct 2020 as per aforementioned notification ?

Thanks & Regards

J S Uppal

Advocate

AI Summary

Deadline for GSTR-3B Submission Clarified: ITC Claim Period Not Extended, Governed by Section 16(4) of CGST Act A discussion forum addressed a query about the deadline for GSTR-3B submission and ITC claim under Section 16(4) of the CGST Act. The applicant firm, with a turnover below five crore, questioned whether the deadline was 24th or 20th October 2020. Responses clarified that the notification extended return filing deadlines but not the ITC claim period, which is governed by Section 16(4). Various participants debated the interpretation of deadlines, the impact of late fees, and the retrospective application of amendments. High Court rulings were referenced, emphasizing adherence to statutory time limits for ITC claims.