2021 (7) TMI 1362

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....ther only on a few specific provisions. Therefore, unless a mention is particularly made to such dissimilar provisions, a reference to the CGST Act would also mean reference to the corresponding similar provisions in the APGST Act. 2. The present application has been filed u/s 97 of the Central Goods & Services Tax Act, 2017 and AP Goods & Services Tax Act, 2017 (hereinafter referred to CGST Act and APGST Act respectively) by M/s. Vishnu Chemicals Limited (hereinafter referred to as applicant), registered under the AP Goods & Services Tax Act, 2017. 3. Brief Facts of the case: The applicant, M/s. Vishnu Chemicals Limited is engaged in manufacture of Basic Chromium Sulphate, Sodium Sulphate and Chromic Acid falling under HSN 2833299....

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....r the period 01.04.2018 to 31.03.2019 is hit by the limitation for claiming ITC under sub-section (4) of Section 16 of the CGST/SGST Act, 2017. (2) If the applicant avails ITC on such invoice after 01.04.2020 and before filing GST return for September 2021/Annual Return for 2020-2021, whether it amounts to violation of condition stipulated under sub-section (4). On Verification of basic information of the applicant, it is observed that the applicant is under Centre jurisdiction, i.e., Superintendent, CGST Parawada Range, Visakhapatnam South Division. Accordingly, the application has been forwarded to the jurisdictional officer and a copy marked to the State Tax authorities to offer their remarks as per Sec. 98(1) of CGST /APGST Act 20....

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....ncial year. The sub-section does not bar availing credit on invoices issued in subsequent financial year in respect of "supplies made in previous financial year". To give an illustration, in respect of supplies made in financial year 2018-2019, if the invoice is issued in April 2019, the late date for availing credit on such invoice under Sec 16(4) would be Sept 2020, but not Sept 2019. To give another example, if supplies are made in financial year 2018-2019 and due to price escalation if a debit note is issued in the month of October 2019, for supplies made in financial year 2018-2019, then limitation under Sec 16(4) in respect of such debit note for claiming ITC would be Sept 2020 (based on debit note date), but not Sept 2019 (base....

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....) A registered person supplying taxable services shall, before or after the provision of service but within a prescribed period, issue a tax invoice, showing the description, value, tax charged thereon and such other particulars as may be prescribed." The Act prescribes certain conditions for the issuance of tax invoice in case of supply of services, among which Rule 47 prescribes the time limit for issuing of tax invoice. "Rule 47. The invoice referred to in rule 46, in the case of the taxable supply of services, shall be issued within a period of thirty days from the date of the supply of services." If we look into the present case, it is evident that the invoice has not been issued within the stipulated time as prescribed ....