As we are aware, the Gujarat High Court in AAP judgement has held that (a). Sec 16(4) refers to due date of filing return u/s 39; (b). The form to be filed u/s 39 is GSTR 3 as prescribed in Rule 61; and (c) in so far as GSTR 3 has not been enforced, even if one files the GSTR 3B beyond the due date of filing the return for Sept following the end of the financial year, the ITCs can be taken.
Subsequently, Rule 61 was amended to replace GSTR 3B for GSTR 3 w.e.f. 1/1/21.
My question is whether the GUJARAT HIGH COURT judgement holds the forte till rule 61 was amended. For eg., if Mar 20 return was filed in Nov 20, can we still quote the Gujarat high court judgement to utilise the ITC?
Supreme Court reverses Gujarat HC decision on late GSTR 3B filings, impacts ITC under GST Act Section 16(4). A discussion on the reversal of Input Tax Credit (ITC) under Section 16(4) of the GST Act, focusing on the implications of filing GSTR 3B returns late. Initially, the Gujarat High Court allowed ITC claims even if GSTR 3B was filed after the due date, but this was reversed by the Supreme Court. The forum participants debated the fairness and practicality of time restrictions on ITC claims, especially in light of the COVID-19 pandemic. Opinions varied on whether the government should offer relief to businesses affected by these restrictions, with some advocating for flexibility to ease financial burdens on industries. (AI Summary)
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