Solved Queries

Q767. Can we claim ITC on Goods given as Incentives to Dealers . The Karnataka Bench of AAR (Authority for Advance Ruling ) ruled YES in case of Orient Cement Ltd on 24th August 2023 

Ans:  in case free supply/gift item, ITC is not available as provided under Section 17(5) of CGST Act 2017

Q764. We have purchased the goods, we are having tax invoice, w-way bill and paid within 5 days to vendor. Vendor Filed the GSTR -3B but not paid the amount.

Ans: In that case ITC claimed need to reverse along with interest and penalty. As per HC order, department need to esablish that vendor is fake

Q765. I am small exporter of professional services under zero rated supply. i have already filed GSTR 1 and 3B for financial year 2022-23. I want to add some sales which got missed for FY 2023. Is there a way to amend the GSTR 1 and 3B. If no, what are the options before me?

Ans: There is no amendment allowed in GSTR. You can furnish those details in current month GSTR and suitably reflect in annual return for that mistake of that period

Caution: The above opinion is framed based on the limited information available and merely a personal opinion. We will not be responsible for any damage or loss in whatever manner consequent to any action taken on the basis of any content of this opinion. We suggest you take a detailed opinion for better clarity based on extensive information and research thereof.

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