Request for permitting availment of input tax credit under GST pertaining to Financial Year 2019-20 and correction in GSTR- 1 till March, 2021.

Institute of Charted Accountant of India

ICAI/IDTC/2020-21/Rep/16

10th September, 2020

Shri S.K Rahman
Joint Secretary,
Goods and Services Tax Council,
56′ Floor, Tower II,
Jeevan Bharti Building,
Janpath Road, Connaught Place,
New Delhi-110 001

Esteemed Sir,

Reg: Request for permitting availment of input tax credit under GST pertaining to Financial Year 2019-20 and correction in GSTR- 1 till March, 2021

Greetings. The Institute of Chartered Accountants of India (ICAI) has been proactively supporting the Government by providing suggestions at each stage of development, creating awareness and disseminating knowledge of GST among various stakeholders.

We are writing this letter considering the practical difficulties which would be faced by the taxpayer in claiming input tax credit under the GST. In terms of provision of Section 16(4) of the CGST Act, 2017 the time limit for claiming the input tax credit by a registered person is restricted. The said provision is reproduced below:

“A registered person shall not be entitled to lake input tax credit in respect of any invoice or debit note for supply of goods or services or both after the due date of furnishing of the return under section 39 for the month of September following the end of financial year to which such invoice or invoice relating to such debil note pertains or furnishing of the relevant annual return, whichever is earlier:”

Considering the epidemic COVID — 19 (Coronavirus) has affected the business adversely and majority of the offices are working only partially. Life has almost comes to standstill and people are working for survival. Therefore, we request your goodself to provide appropriate relaxation to the registered person and extend due dates for taking the input tax credit for invoices pertaining to Financial Year 2019-20 till March, 2021. Further, it is also requested to allow the taxpayers to make correction in the GSTR- 1 and issuance of credit note for the supplies affected during the FY 2019-20 till March, 2021.

Hope you will consider the request in view of interest of trade and industry. We shall be glad to provide any further input as may be required and your office may reach us at gst@icai.in or 0120-3045954.

Warm regards,

Yours fathfully

CA. Rajendra Kumar P
Chairman
GST & Indirect Taxes Committee

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3 Comments

  1. Gupta surinder says:

    Dear sir, we the honest business people are facing a problem of bogus billing and solution to this problem is very simple. I am giving suggestion hereunder which will not only solve the bogus billing problems but also make doing business very comfortable:
    1) The e-way bill should only be allowed to generate if the billing entity has sufficient balance in its electronic ledger.
    2) Monthly, quarterly and yearly GST filling of returns should be discontinued. Instead an annual return consists of purchasing invoices and selling invoices should be asked to furnish as the tax amount has already been paid.
    While doing these simple things compliance burden on assessee as well as aministrative burden on the department will be reduced.
    3) There should not be any unnecessarily visit inspection by the department as all the documents will be available on the department web site.
    Request you to kindly take this with authorities concerne
    Thanks.

    SKGupta

  2. sushma kothari says:

    E-Invoicing and TCS provision is applicable w.e.f 1st October but before that one has to review its system for required modification and lots of time is required in this exercise.

  3. sushma kothari says:

    If time line will not extend, industry will suffer financial losses in spite of tax being paid by them to its vendor and who has misreported the transaction . September month is again very crucial as lots of deadlines are in this month like FY 18-19 audit, E Invoicing , TCS provision and Quarter end for listed company.

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