It has been more than 3 years since the implementation of GST, Goods and Services Tax and there are still a lot to fix. Probably with ever-changing provisions, GST is the most dynamic Act. This article is going to be short as it focuses only one aspect which is: claiming of ITC in GSTR 3B. As we know that the GST ITC can be taken till the due date of filing of GSTR 3B for the month of September of the next year or the date of filing of annual return for the year. Since the annual date of filing of annual return falling late since the first year of implementation, lets take September of the next year to be the time limit for claiming the ITC.
As we also know that the ITC is claimed in GSTR 3B and the form does not have the column to bifurcate the GST ITC year wise, the ITC lost to be claimed can be claimed to have taken by fraudulent assessees. Lets have an example:
| Particulars | GST ITC | |
| GST ITC for the year 2018-19 | A | 1,000.00 |
| GST ITC for the year 2019-2020 (till Sep) | 300.00 | |
| ITC Claimed for the year 2018-19 in the year 2018-19 | B | 800.00 |
| ITC claimed for the year 2019-2020 till Sep | 300.00 | |
| Credit lost | (A-B) | 200.00 |
Though the ITC for the year 2018-2019 is lost and left to be taken but as there is no earmarking of ITC claimed in the FY 2019-2020, it can be argued by the registered person that the ITC claimed in the year 2019-2020 includes the ITC of 200 pertaining to the previous year.
Though such situation cannot occur where there is no ITC claim in next year.
But this can lead to unnecessary confusion or litigations thus in my opinion, this needs to be plucked.
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Disclaimer: The above article is meant for discussion and does not prescribe any practice. The sole purpose of the article is to highlight a flaw that came to the notice.
Author Bio
This can not be treated as a flaw but only a limitation, due to non-notification of GSTR2.