ITC Disallowed Under 16(4)

[Priyesh Mamnani]

My client filed GSTR-3B for January 2019 on 30.09.2020 because his GST registration was cancelled from 31.12.2018 to 16.09.2020. The client filed the return under the GST amnesty scheme, where the late fees were restricted to Rs. 500/- if the return was filed by 30.09.2020. However, the client received a demand order from GST authorities under section 73 of the CGST Act, 2017 to reverse the ITC availed under section 16 (4) as the return was filed after the due date mentioned in section 39.

In March 2023, another amnesty scheme was introduced, allowing GST registration to be revoked after fulfilling certain conditions. Additionally, there was a judgment from the Gujarat High Court (Allyssum Infra vs Union of India - 2023 (4) TMI 1123 - GUJARAT HIGH COURT), where the taxpayer's registration was revoked after a long period under the said amnesty scheme, and ITC was allowed even though the return was filed after the due date.

What are the points on which I can argue and appeal for a favorable order?

AI Summary

Input tax credit restriction under section 16(4) may be contested where cancellation and portal constraints prevented timely claim.
Authorities disallowed ITC as time barred because the GSTR 3B for the period of cancelled registration was filed after the statutory due date; the taxpayer restored registration under an amnesty and relied on a High Court decision allowing ITC for the cancellation-revocation period, though that case did not directly rule on the limitation provision. Recommended appellate positions are to preserve the appeal, distinguish the facts from the later amnesty relied upon by the High Court, and argue that portal filing constraints and cash payment requirements prevented timely ITC claim.