Find
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.
GST
ITC taken after the Sec 16(4) time limit
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Provisions
Sec 16(4), CGST Act 2017; Sec 16(5), CGST Act 2017; Sec 61, CGST Act 2017
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.
Close
- List the late-claimed invoices with invoice date and claim return date
- Check if Sec 16(5) covers any of them
- Reply citing Sec 16(5) for protected claims
- Pay credit and interest for unprotected late claims in DRC-03
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