One of the primary reason for GST implementation was the free flow of credit to businesses , hence reducing the cost by way of availment of credit to the businesses which was erstwhile limited in VAT , Service Tax and Excise .
In order to provide businesses with full access to credit , GST was introduced , but do you know the following points?
Availment of credit is your right as per constitution and GST Acts .
It is a right which is time bound , and only becomes vested if certain conditions are followed.
If times passes , the right is lapsed and credit cannot be taken.
Ques: Can we avail the credit of FY 2019-20 , which was not availed by mistake or the supplier has not uploaded the invoice in GSTR 1 ?
Ans : The answer to this question is affirmative but time bound , why?
Because of the following
Section 16 of GST Act 2017 , States the time limit for availment of credit which is as under
Time limit for availing ITC: A registered person shall not be entitled to take Input tax Credit in respect of Invoice or Debit Note for supply of goods or services or both
after the “Due Date of furnishing of Return u/s 39 for the month of September following the end of Financial Year to which such Invoice pertains” or
“Date of furnishing of relevant Annual Return”, whichever is earlier.
Hence , the September month return of next financial year relevant to year of which credit is , becomes very important .
If you have any eligible credits , which was left over to be availed can be adjusted in GSTR 3B upto due date of September month of next year , unless the date extended by way of notification.
Relevance of GSTR-3B of Sept, 2020 could be identified from following:
# Last opportunity to claim ITC of Invoices of period FY 2019-20
# Any mistake/error in GSTR-1’s filed during FY 2019-20 can be rectified
# Issuing Debit/Credit Notes for invoices of FY 2019-20
# Input Reconciliation (2A/3B) to avail any unaccounted ITC or to intimate suppliers to upload invoices if not reflecting in GSTR-2A
# Fulfill restrictions as per Rule 36(4), for the months Feb to Aug, 2020 cumulatively & Sept, 2020 independently
# Reverse ITC if payments are pending to suppliers of invoices dated before 31st of March, 2020
# Reconciliation of books & GST Returns of period FY 2019-20 to identify missed income if any.
Have you adjusted your credits?
Any doubts , join as member and comment below.
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