Clarification on time limit under Section 16(4) of APGST Act, 2017 in respect of RCM supplies received from unregistered persons

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....ated 26.06.2024 issued by the Government of India, Ministry of Finance, Department of Revenue Central Board of Indirect Taxes and Customs. 2. Amendment Act No.14 of 2022 of Andhra Pradesh Goods & Services Tax Act, 2017, dated 18.10.2022 *** Representations have been received from trade and industry seeking clarity on the applicability of time limit specified under section 16(4) of Andhra Pradesh Goods & Services Tax Act, 2017 (hereinafter referred to as the "APGST Act") for the purpose of availment of input tax credit (ITC) by the recipient on the tax paid by him under reverse charge mechanism (RCM) in respect of supplies received from unregistered persons. It has been represented that in some cases, where tax is payable on reverse....

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....r of invoice for the purpose of section 16(4) of APGST Act is the financial year in which such invoice has been issued and accordingly, ITC should be available on the said invoice under section 16(4) of APGST Act till the September/ November of the financial year following the financial year in which such invoice has been issued. Request has been made to issue clarification in the matter to avoid litigation. 2. The matter has been examined. In order to ensure uniformity in the implementation of the provisions of the law across the field formations, the Chief Commissioner, in exercise of his powers conferred under section 168(1) of the APGST Act, hereby clarifies the issue as follows. 2.1 As per section 16(2)(a) of APGST Act, no regist....

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.... to take input tax credit in respect of any invoice or debit note for supply of goods or services or both after the thirtieth day of November following the end of financial year to which such invoice or debit note pertains or furnishing of the relevant annual return, whichever is earlier." Section 16(4) of APGST Act, before the said amendment vide the Amendment Act (No.14 of 2022), dated 18.10.2022, provided as follows: "A registered person shall not be entitled to take input tax credit in respect of any invoice or debit note for supply of goods or services or both after the due date of furnishing of the return under section 39 for the month of September following the end of financial year to which such invoice or debit note per....