Availment of ITC

[vaibhav agrawal]

Registration got cancelled on 30 September, 2021 (Effective from same date) on account of non filing of monthly returns for the FY 2020-21. The said order was passed With reference to cause notice issued on 26 March, 2018 in relation to non-filing of GST return for the FY 2017-18. Returns for the FY 2020-21 was filed on 31 March, 2022 and accordingly an appeal for revocation of cancellation of registration was filed. Registration got revoked on 23 June,2022. In this regard, Whether ITC claimed in the returns filed for the FY 2020-21 shall be available ?

AI Summary

GST Registration Revoked for Non-Filing; ITC Validity for FY 2020-21 u/ss 16 & 17 CGST Act Discussed. A taxpayer's GST registration was canceled on September 30, 2021, due to non-filing of returns for FY 2020-21, linked to a notice from March 2018 for FY 2017-18 non-compliance. The taxpayer filed returns on March 31, 2022, and successfully appealed for revocation, which was granted on June 23, 2022. The discussion centers on whether Input Tax Credit (ITC) claimed for FY 2020-21 is valid. Participants highlight that ITC is subject to sections 16 and 17 of the CGST Act, with Section 16(4) posing a restriction. The consensus suggests ITC may be claimed if conditions are met, but litigation may be necessary.