Time Limit to avail the ITC

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Last updated on September 17th, 2022 at 04:26 pm

Time Limit to avail the ITC

Section 16(4) of the CGST Act,2017 prescribes the time limit to the taxpayer for availing the input tax credit in respect of any invoice or debit note for the supply of goods or services or both made during the financial year.

What is the time limit for availing the ITC as per section 16(4) of the CGST Act,2017?

The time limit for availing the ITC as per section 16(4) of CGST Act,2017 will be earlier of the following: –

  • Due date of furnishing the GSTR 3B for the month of September following the end of the financial year.

OR

  • Due date of furnishing the GST Annual Return

Was the time limit for availing ITC as per section 16(4) AMENDED?

YES.

The amendment in section 16(4) was proposed in the Union Budget 2022 and was included as clause(b) of section 100 of the Finance Act 2022

BUT……

The above-proposed amendment is on papers only as it is not notified by CBIC yet.

What is the time limit for availing ITC as per proposed section 16(4)?

The time limit for availing the ITC as per section 16(4) of CGST Act,2017 will be earlier of the following: –

  • 30th November following the end of the financial year.

OR

  • Due date of furnishing the Annual Return in Form GSTR 9.

Why was the stipulated time limit u/s 16(4) increased?

In my opinion,

  • The amendment would have provided the GST registered taxpayer a little more time to avail of the input tax credit which was missed to be availed during the financial year.
  • Even the books of accounts are audited and financial statements are finalized during the same time and taxpayers would come to know of any missed/unavailed ITC (Tax Audit Due Date- 30th September of Assessment Year).

Though practically after the restriction of availing ITC only to the extent of appearing in Form GSTR 2B and the introduction of section 16(2)(aa), the chances of missing any availment of ITC and utilizing the benefit of the time limit prescribed in 16(4) are negligible.

Read more about>>Seamless flow of credit. Myth or Reality? [Sec 16(2)(aa)]

What is the due date to avail the ITC u/s 16(4)? 

Due date of availing the input tax credit effectively becomes due date of GSTR 3B for the month of september.

Financial Year Due Date
 GSTR 3B of Sep Annual Return 
2021-22 20.10.2022 31.12.2022
2020-21 20.10.2021 28.02.2022
2019-20 20.10.2020 31.12.2021
2018-19 20.10.2019 31.12.2020
2017-18 25.10.2018 05.02.2020 / 07.02.2020

Conclusion

When an amendment is made, it is widely circulated and telecasted through social media this creates an impression in the minds of taxpayers that whatever is proposed in the Budget is implemented.  And this leads to confusion amongst the taxpayers when not notified. To fuel this confusion, CBIC has amended sub-section 4 of section 16 of the CGST Act,2017 to the proposed section with a footnote stating “yet to be notified”.

 



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Disclaimer: The above content is for general info purpose only and does not constitute professional advice. The author/ website will not be liable for any inaccurate / incomplete information and any reliance you place on the content is strictly at your risk.

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2 Comments

  1. For the FY 2021-22? Last date to avail ITC will be 20th Oct for monthly return filers??

    • Yes For FY 2021-22,
      It will be 20th Oct 2022 for monthly filers.
      It will be 22nd Oct 2022/24th Oct 2022 for quarterly filers.

      If the proposed amendment is not notified before the above dates.

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