Answer

1. F

   Facts

   Sec 16(4) limits when a year's ITC can be claimed. Late claims are a frequent scrutiny point. A later amendment gave relief for FY 2017-18 to 2020-21 if claimed in returns filed by 30 November 2021.

2. P

   Provisions and law

   • Sec 16(4), CGST Act 2017ITC of a year can be taken only till 30 November of the next year or annual return filing, whichever is earlier
   • Sec 16(5), CGST Act 2017For FY 2017-18 to 2020-21, ITC claimed in any return filed up to 30 November 2021 is protected
   • Sec 61, CGST Act 2017Proper officer may scrutinise returns, inform discrepancies and seek an explanation
3. A

   Analysis

   Check the year and the return in which you claimed the credit. Example: FY 2019-20 credit of Rs 1.2 lakh claimed in GSTR-3B filed in October 2021 is protected by Sec 16(5). The same credit claimed in a return of FY 2022-23 for an FY 2021-22 invoice after 30 November 2022 is late and must be reversed with interest. Cite the section clearly in your reply.

4. C

   Conclusion

   1. 1List the late-claimed invoices with invoice date and claim return date
   2. 2Check if Sec 16(5) covers any of them
   3. 3Reply citing Sec 16(5) for protected claims
   4. 4Pay credit and interest for unprotected late claims in DRC-03

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