The Gujarat HC recently in case of AAP and Co. [TS-490-HC-2019(GUJ)-NT] held that GSTR-3B is not a return to be filed u/s 39 of CGST Act.
Mr. Pawan Arora (Joint Partner, ALA Legal), in his article analyses the legal background of the case and the ramification of the judgement while stating that resultantly, ITC for F.Y. 2017- 18can be availed by the taxpayers on or before the due date of furnishing of Annual Return (Form- 9) of F.Y. 2017- 18, which is presently August 31, 2019. The author further delves into the aspect of limitations in availing ITC and discusses legal ground on the basis of which relief may be sought from Interest on delayed payment of tax.
Article titled, “Time Limit to Avail ITC for FY 2017-18 – Ramification of Gujarat HC Judgment” as published by GSTSutra is attached herein.
GST Law India is a blog on GST and allied commercial laws managed by members of the law firm ALA Legal.