Page 38 - GSTL_18th June 2020_Vol 37_Part 3

J72 GST LAW TIMES [ Vol. 37
“Provided that the registered person shall be entitled to take input tax credit
after the due date of furnishing of the return under section 39 for the month
of September, 2018 till the due date of furnishing of the return under the said
section for the month of March, 2019 in respect of any invoice or invoice relat-
ing to such debit note for supply of goods or services or both made during
the financial year 2017-18, the details of which have been uploaded by the
supplier under sub-section (1) of section 37 till the due date for furnishing the
details under sub-section (1) of said section for the month of March, 2019.”
Therefore, a registered person was permitted to take ITC for the financial year
2017-18, even after the normal cut-off date but till the due date for furnishing the
return for March, 2019 provided the details of invoices related to the said ITC have
been uploaded by the concerned suppliers in GSTR-1 till the due date of filing
GSTR-1 for March, 2019.
In view of statutory provision, i.e., Section 16(4) provides time limit for
taking input tax credit is furnishing return under Section 39 for the month of Sep-
tember and cut-off date is 20th October. Thus, a registered person is required to
take ITC within the time restriction as per Section 16(4) by 20th of October for the
following financial year. For better understanding take an example of ITC for the
invoice pertaining to the financial year 2019-20 a registered person should be
taken by the earliest of the cut-off dated, i.e., 20th October, 2020 as an Annual
return will be filed only after the said date.
Time limit to take ITC against self-invoice/Bill of entry :
In order to discuss the time limit for taking ITC in case of self-invoice or
bill of entry, before that it is better to know the provisions of documentary re-
quirements for claiming input tax credit :
Rule 36(1) prescribed that input tax credit shall be availed by a registered per-
son, including the Input Service Distributor, on the basis of any of the follow-
ing documents, namely, -
(a) an invoice issued by the supplier of goods or services or both
in accordance with the provisions of section 31;
(b) an invoice issued in accordance with the provisions of
clause (f) of sub-section (3) of section 31, subject to the pay-
ment of tax;
(c) a debit note issued by a supplier in accordance with the pro-
visions of section 34;
(d) a bill of entry or any similar document prescribed under the
Customs Act, 1962 or rules made thereunder for the assess-
ment of integrated tax on imports;
(e) an Input Service Distributor invoice or Input Service Distribu-
tor credit note or any document issued by an Input Service
Distributor in accordance with the provisions of sub-rule (1)
of rule 54.
Rule 36(1)(b) prescribed an invoice issued in accordance with the provision of
clause (f) of sub-section (3) of section 31. As per section 31(3)(f) a registered
person who is liable to pay tax under sub-section (3) or sub-section (4) of sec-
tion 9 shall issue an invoice in respect of goods or services or both received by
him from the supplier who is not registered on the date of receipt of goods or
services or both.

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