Q. 113  Any gst registered dealer, itc camparison gstr3b with dealer purchases ledger books or orginal invoice or gstr2a based please specify correct procedure in gst act ?
If gst dealer cancel of gst number after itc excess claim and notice issued by gst department then tell provision applicable in gst act ?

Ans. In terms with notification no. 40 /2021- CT along with rule 36(4), only ITC reflected in GSTR-2B can be claimed as ITC and no inputs can be taken which are not reflected in GSTR-2B. Further, ITC should be reconciled with GSTR-2B and ITC register. And the same to be availed in GSTR-3B

If ITC wrongly availed by registered taxpayer, then provisions under section 73 or 74 to be made applicable. Further, penalties will be levied as per section 122 of the CGST Act, 2017.

Q. 112 What is the difference between sec 16(2),sec 16(4) and sec 36(4) itc claim in gst act ?
Clarify rice and sajjalu,ragulu selling and buying goods gst registered dealers taxable and exempted applicable w.e.f 18-07-22 in gst act ?

Ans. As per GST Act, 2017

• Section 16(2)- It specifies conditions to be satisfied for taking ITC, this is to be read along with rule 36 and rule 37
  1. Rule 36 – It prescribes the documents on which ITC can be calimed
  2. Rule 37- It talks about reversal of ITC in case of non-payment of consideration.
• Section 16(4)- It deals with the last period for taking ITC in terms of a financial year i.e. before 30^th of November of succeeding period.
• Section 36( 4)- It includes duration of keeping and maintaining books of accounts i.e. for 72 months.

In other words, section 16(2) to be complied w,r,t documentation, and in case of taking ITC pertaining to a year, the last date is 30^th November of succeeding year. Further, documents including tax invoices, debit note or credit note have to be maintained for 72 months.

-Rice, sajjalu and ragulu other than pre-packaged and labelled to be exempt else taxable w.e.f.18-07-2022.

Q. 111 Is there any relief if 3B of FY 17-18 filed after march 2019, clarify as per section 16 (4) ?

Ans. As per rod no. 02/2018, a provision was inserted to sub-section 4 of section 16 to clarify the claim of ITC pertaining to FY 17-18, therefore, ITC can be claimed till march 2019.