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Companies Received GST Notices On Claiming ITC After Due Dates

ITC After GST Due Dates

For such companies that are demanding the Input Tax Credit even after the due date is over are receiving notices from the tax department saying that they (companies) need to reverse their transactions. ITC is the credit claimed by the companies in lieu of the GST paid on raw materials or input services. The credit is either adjusted against the future tax liabilities or is credited to the taxpayer.

Read Also: All About GSTR 3A Notice for Non-filers of GST Returns Get to know all about GSTR 3A notice for the non-filers or defaulters of GST returns. Also, we showcased the format of GSTR 3A form along with penalty/late fees

The ITC claimed by the companies under Goods and Service Tax (GST) Regime is for the transactions in Financial Year 2018-19, the deadline for which was September.

The indirect tax department sent the notices commanding the companies to reverse the transactions and pay interest on wrongly claimed ITC. The companies are eligible for challenging the notices in the court.

The content of the notices said, “It is noticed that you have filed returns after the due date specified for availing (of) input tax credit for discharging your tax liability. You shall not be entitled to take the input tax credit in respect of any invoice or debit note for the supply of goods or services Get to know GST provisions and rules on the free supply of goods. Also, we have included rules regarding ITC reversal on free supplies of goods and services or both after the due date for furnishing of returns”,

There cannot be the fixed deadlines for availing the credit on transactions as it is valid only after the supply or the payment of the supply is done. This statement is enough to challenge the notices by the tax department.

Till now the Central Board of Indirect Taxes These types of taxes paid on Consumption by the consumer but they do not pay directly to the government (unlike income tax). For example, GST, Sales Tax, VAT, Custom Duty and Octroi Tax and Customs have restricted around Rs. 40,000 crores of tax credits due to inaccurate information and mismatch in the returns. The probable cause of the mismatch or inaccurate information is because the suppliers who were involved in transactions with the companies claiming credit have not uploaded their invoices. To this the current norms allow a company to claim 10% of the missing invoices.

Disclaimer:- "All the information given is from credible and authentic resources and has been published after moderation. Any change in detail or information other than fact must be considered a human error. The blog we write is to provide updated information. You can raise any query on matters related to blog content. Also, note that we don’t provide any type of consultancy so we are sorry for being unable to reply to consultancy queries. Also, we do mention that our replies are solely on a practical basis and we advise you to cross verify with professional authorities for a fact check."

Published by Priya Nawani (Ex-Employee)
A workaholic by nature, Priya, likes to explore new things and is passionate about writing. She is a happy go lucky person and loves to chat. Being an internet freak, she likes to research over different topics and Pen them down with her own twist. Posted as a Content Writer at SAG Infotech, currently, she is into writing tax-related content with the aim to keep the viewers updated with the stirs of GST governance and amendments in tax laws. View more posts
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