Page 145 - GSTL_3rd September 2020_Vol 40_Part 1

2020 ] IN RE : AGARWAL COAL CORPORATION PVT. LTD. 79
(d) he has furnished the return under section 39 :
Provided that where the goods against an invoice are re-
ceived in lots or instalments, the registered person shall
be entitled to take credit upon receipt of the last lot or in-
stalment :
Provided further that where a recipient fails to pay to the
supplier of goods or services or both, other than the sup-
plies on which tax is payable on reverse charge basis, the
amount towards the value of supply along with tax pay-
able thereon within a period of one hundred and eighty
days from the date of issue of invoice by the supplier, an
amount equal to the input tax credit availed by the recip-
ient shall be added to his output tax liability, along with
interest thereon, in such manner as may be prescribed :
Provided also that the recipient shall be entitled to avail
of the credit of input tax on payment made by him of the
amount towards the value of supply of goods or services
or both along with tax payable thereon.
(3) Where the registered person has claimed depreciation on the
tax component of the cost of capital goods and plant and machinery
under the provisions of the Income-tax Act, 1961 (43 of 1961), the
input tax credit on the said tax component shall not be allowed.
(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 ser-
vices 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 debit note
pertains or furnishing of the relevant annual return, whichever is
earlier.
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 re-
lating 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 un-
der sub-section (1) of said section for the month of March,
2019.
4.7 U/s. 49(4) of the Act, the amount available in the electronic credit
ledger may be used for making any payment towards output tax under this Act
or under the Integrated Goods and Services Tax Act in such manner and subject
to such conditions and within such time as may be prescribed.
Sec. 49 of CGST Act, 2017 provides for payment of tax, interest, penalty and other
amounts as under :
(1) Every deposit made towards tax, interest, penalty, fee or any
other amount by a person by internet banking or by using credit or
debit cards or National Electronic Fund Transfer or Real Time Gross
Settlement or by such other mode and subject to such conditions
and restrictions as may be prescribed, shall be credited to the elec-

GST LAW TIMES  3rd September 2020  161