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Last date to claim Input Tax Credit!! - RPA professionals LLP
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Last date to claim Input Tax Credit!!

Last date to claim Input Tax Credit!!

Last date to claim Input Tax Credit!!

As per the provision of section 16 of GST law, the last date to claim ITC of GST pertaining to Tax Invoices or Debit Notes related to FY 2020-21 is the due date of furnishing of GSTR 3B for the month of September 2021 / quarter ending September 2021. 

Hence all the taxpayers must reconcile their ITC claimed for FY 2020-21 and any missed ITC must be claimed in GSTR 3B return before the due date as above, to avoid future litigation.

In addition to the above, as per recent update in GSTN portal, it is mentioned that any invoice or debit note related to FY 2020-21 reported / uploaded in GSTR 1 after the due date as above, shall not reflect as “ITC Available” in GSTR 2B of the recipient and hence shall not be auto-populated in GSTR 3B as well as Table 8A of GSTR 9. 

Legal validity of the GSTN update is questionable. However to avoid future litigation, it is better to ensure compliance of provision of law.

GSTN update dt. 17.10.2021 is reproduced below for reference:

  1. As per Section 16(4) of CGST Act, 2017, no taxpayer shall take input tax credit in respect records (invoices and debit notes) for supply of goods or services (or both) for Financial Year 2020-21 after the due date of furnishing the return for the month of September 2021. The due date for the GSTR-3B for September 2021 is either 20th October 2021 for monthly filers and 22nd or 24th October 2021 depending on the State/UT of registration of the taxpayer. In view of the same, the following may kindly be noted:
    1. Records (invoice or debit notes) pertaining to Financial Year 2020-21 reported in GSTR-1 after due date of GSTR-3B of September 2021 will not reflect as “ITC Available” in GSTR-2B of the recipients. Such records will reflect in “ITC Not Available” section of GSTR-2B and such ITC shall in turn not be auto-populated in GSTR-3B.
    2. Records (invoice or debit notes) pertaining to Financial Year 2020-21 reported in GSTR-1 after due date of GSTR-3B of September 2021 will also not reflect as “ITC as per GSTR-2A” in Table-8A of GSTR-9 of the recipients.
  2. It is requested that the taxpayers may take note of the above and ensure that their records pertaining to Financial Year 2020-21 are reported on or before the due date of their GSTR-3B for the month September 2021, or for the quarter of July to September 2021 in case of quarterly GSTR-3B filers. Availment of ITC by the recipients contrary to the legal provisions in GST may entail action by the tax administrations in accordance with law.

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