Vide Notification No. 18/2022-Central Tax dated 28.09.2022, the Central Government has appointed 01.10.2022 as the date on which the provisions of sections 100 to 114, except clause (c) of section 110 and section 111, of the Finance Act, 2022 shall come into force.

Thereby, the time limit for the following compliances in respect of a particular financial year has been extended and fixed as 30th November of the next financial year, or furnishing of the relevant annual return, whichever is earlier:

Relevant section of the Finance Act, 2022 Corresponding provision of the CGST Act, 2017 Corresponding compliance requirements
Clause (b) to Section 100 Section 16(4) Claiming of ITC in respect of any invoice or debit note in the return
Section 102 Section 34(2) Declaration of the details of credit notes in the return
Clause (c) to Section 103 Proviso to Section 37(3) Rectification of particulars in details of outward supplies
Clause (c) to Section 105 Proviso to Section 39(9) Rectification of particulars furnished in a return
Section 112 Proviso to Section 52(6) Rectification of particulars in the statement furnished by a TCS operator

In this respect the substituted provisions of Section 16(4), Section 34(2) and Proviso to Section 37(3) and Section 39(9) of the CGST Act,2017 are reiterated hereunder:

“16(4) A registered person shall not be entitled to take input tax credit in respect of any invoice or debit note for supply of goods or services or both after the thirtieth day of November following the end of financial year to which such invoice or debit note pertains or furnishing of the relevant annual return, whichever is earlier.”

“34(2) Any registered person who issues a credit note in relation to a supply of goods or services or both shall declare the details of such credit note in the return for the month during which such credit note has been issued but not later than the thirtieth day of November following the end of the financial year in which such supply was made, or the date of furnishing of the relevant annual return, whichever is earlier, and the tax liability shall be adjusted in such manner as may be prescribed:

Provided that no reduction in output tax liability of the supplier shall be permitted, if the incidence of tax and interest on such supply has been passed on to any other person.”

Proviso to Section 37(3)

“Provided that no rectification of error or omission in respect of the details furnished under sub-section (1) shall be allowed after the thirtieth day of November following the end of the financial year to which such details pertain, or furnishing of the relevant annual return, whichever is earlier.”

Proviso to Section 39(9)

“Provided that no such rectification of any omission or incorrect particulars shall be allowed after the thirtieth day of November following the end of the financial year to which such details pertain, or the actual date of furnishing of relevant annual return, whichever is earlier.”

Upon reading the aforesaid provisions, the last date prescribed in all of the aforesaid provisions is 30th November. It is very important here that the amended provisions have categorically mentioned a date i.e 30th November, and it is not mentioned as the due date of filing return for the month of November. This has an immense importance here and the due dates as per the amended provisions needs to be analysed very carefully.

We all know that the due date of filing GSTR-3B for the month of October,2022 is 20th November,2022 and thereafter it can be filed subject to payment of Late fees as per the CGST Act. Further, input tax credit is availed by a registered tax payer through GSTR-3B and there is no other alternative way available in the GST Law to avail Input Tax Credits. Therefore, effectively the Last Date of Availment of Input Tax Credit pertaining to financial year 2021-22 is 20th November,2022 that is due date of filing GSTR-3B for the month of October,2022. So, in effect the last date has been extended by One Month that is from 20th October[ due date for filing GSTR-3B for the month of September] to 20th November [ due date for filing GSTR-3B for the month of October].

The press release issued by the CBIC dated 4th October,2022 clarifies this position. It has been clarified that the aforesaid compliances shall be carried out in the relevant return or statement filed upto 30th November,2022 of the subsequent financial year. It has been further clarified in the said press release that there shall be no extension in the due date of filing returns for the month of October,2022. Further, for quarterly filers all the aforementioned rectifications shall be done in the return to be filed for the quarter ended September.

Therefore the last dates for rectifications/availment of input tax credits, as mentioned above, for the Financial Year 2021-22 can be summarised as under:

Particulars

Last date of Availment/Modifications/Amendments
Availment of Input Tax Credits based upon Invoices of 2021-22 The Last Date of Availment of such Input Tax Credit is 20th November,2022 that is the due date of filing GSTR-3B for the month of October,2022 in case of Monthly Return filers.

Similarly in case of Quarterly Return filers the said date shall be 22nd or 24th of October,2022 depending the state where the taxpayer is located.

Declaration of Credit Notes pertaining to invoices raised in financial year 2021-22 The Last Date of declaration of Credit Note in GSTR-1 is 11th November,2022 [ Due date of GSTR-1 of October,22] and the same shall be accordingly adjusted in GSTR 3B for the for the month of October,22 which shall be filed by 20th November, 22. For Quarterly filers it shall be done in the GSTR-1 for the month of September,22 the due date of which is 13th October,22.
Amendments in Value of Outward Supply and Taxes Thereon pertaining any invoices raised in the FY 21-22 Amendment in Outward Supply invoices can only be done through GSTR-1 and GSTR 3B to be filed for the month of October,2022 the due dates for which are 11th November,2022 and 20th November,2022 respectively. For Quarterly filers such amendments shall be made in returns of September quarter.

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