Q. 729 Our Client has received Notice under GST ASMT 10 for ITC mismatch for FY 2019-20. In the said case some of the ITC of FY 2019-20 has been claimed in the GSTR 3B of September 2020. However the said GSTR 3B was filed on 30/11/2020. The respective Suppliers have also filed their GSTR1 after due date i.e. on 28/11/2020 and 30/12/2020. They have also paid the said taxes in GSTR 3B on the same dates. So our query is that whether the Assessing Authorities can deny the said ITC claim? 

Ans. As per provisions mentioned in the GST Act, in terms of FY 19-20, the last date to claim the ITC was before the due date of furnishing of return of September 20. In the above case, you may not be able to claim the ITC. However, you may litigate the matter against the tax authorities.

Q. 728 A company has purchased one machinery and sold this to customer after some value addition. The Output liability on the Machine was created through Invoice. However, the customer has discharged the GST Liability through Scrips available with him. Thus the company could not utilise the ITC on this machinery. Now this ITC is laying the Credit Ledger of company. Assuming there is no further billing by company in past two years and for future one year, how can it get refund of ITC Accumulated. Can it transfer this ITC to its Branch or HO though any process available under GST. Please Help. 

Ans. The refund of ITC is available in the following cases: Refund of unutilized input tax credit (ITC) on account of exports without payment of tax; Refund of unutilized ITC on account of accumulation due to inverted tax structure If there are common services then ITC can be utilised through cross charge.

Q. 727 What is the threshold limit for affiliate marketer to register under GST? Can a affiliate mareter register under GST Composition? 

Ans. GST registration requirements will depend upon the threshold turnover limit. If the person is making any inter-State taxable supply compulsory GST registration is required. Turnover limit in preceding FY to opt for composition levy for services is Rs. 50 lakh in the preceding financial year, it can register under composition scheme provided, the registered person is not :- making any supply of goods or services which are not leviable to tax making any inter-State outward supplies of goods or services person supplying any goods or services through an electronic commerce operator who is required to collect tax at source under section 52