Time Limit to avail GST Credit u/s 16(4) of CGST Act - Challenges and Way forward || Adv. Bimal Jain
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- Опубликовано: 1 авг 2024
- Time Limit to avail GST Credit u/s 16(4) of CGST Act - Challenges and Way forward || CA (Adv) Bimal Jain
✔️ Calcutta HC - BBA Infrastructure Ltd. v. Senior Joint Commissioner of State Tax [MAT NO. 1099 OF 2023 & I.A. NO. CAN 1 OF 2023]
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Dear Friends & Colleagues,
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00:02 Challenges with time limit to avail GST credit
03:17 Challenges with availing GST credit under section 16(4) of CGST Act
06:50 Section 16(4) time limit challenge and way forward
10:01 Availing credit through books of account and time limit challenges
13:43 GST credit is a concession, not a vested right
16:51 Time limit under section 16(4) is not violative of certain articles
19:27 Challenges with availing GST credit u/s 16(4) of CGST Act
22:40 Taxpayers facing challenges in availing GST credit due to financial constraints
25:29 Denying GST credit to the recipient is unnecessarily prejudiced.
Crafted by Merlin AI.
Superb explanation on your commanding language Sir...Thank you sir
Excellent video sir
Sir well analysed with reference to time limit prescribed u/ s 16(4) of CGST Act 2017. Equality and due recognition against discrimination for claim of ITC by the TP has been lucidly spoken with great care and stress. Quite useful points before the SC on 19.02.2024
Brilliantly explained,
Urs way of delivery of information is wonderful sir,
Thank you sir.Happy new year (advance) sir.
Very very valuable video sir
Thanks for well discussion. God Bless 🙏
Very well Said sir very elaborate and detailed
well described sir, thank you
Very good explained Sir
The last point your u referred is I think can be considered under 'Doctrine of Unjust Enrichment' favouring Government, or under 'promisary estoppel' I feel.
Very nice and clear talk, sooper. Thanks very much for the valuable inputs.
Sir your rendition, information on the subject is pure 22 carat gold knowledge inspite of your busy schedule thanks 🙏
Thanks a lot sir❤
Great explanation
Now we can reply those scn with courage
SIRJI, NICE, VITAL INFORMATION ON SEC 16(4) OF CGST ACT, 2017.
Excellent video
Thanks for This Detailed Explaination sir
Awesome
Thank you! Very informative Video.
Thank you sir for your good explanation
Thank you sir for the info it was very insightful as i have received GST notice from dept recently. you are a legend
Crystal clear 🙏
Wonderful sir
Most awaited video...❤
👍👍
Thank you sir, showed me the way
Nice video...thankyoou
THanks For this Video Sir
Thanks sir 👍
Thank you Sir 🙏
🙏
Excellent video sir. Is there any faculty for Direct taxes as good as Bimal sir? pls let me know if anyone have idea
Rahul gandhi once said it's a gabbar sing tax (GST)
But now it's true that tax whether or not gabbar Singh but compliances are definitely gabbar singh😢
Sir under the VAT regime we could file our returns and quantify our liability and the department would intiate penalty proceedings thereafter .Vat was not discrimative as compared to GST2017 as taxpayers have no way other mechanism in gst
Where is Newsletter? Kindly tell us.
Where is the newsletter?
Perfect sir
Solid video sir❤
Ye section16 aaj remind kiya subaha, phir se aur aaj apane video record kiya
Sir, is there interest applicable on Cess.
Sir I have calimed CGST and SGST instead of IGST in the year 2018-19.
It means we have not claimed igst and claimed cgst and sgst.
Gst department issue notice and officer said to pay cgst and sgst with interest.
A purchase of goods made by bill dated 28.03.18 and the same was reflecting in 2A of Mar 18 but the goods was received on 04.04.18. The bill was account for in the books on 04.04.18 and ITC taken in GSTR 3B of April 18 as per section 16(2). Now there is mismatch in ITC in 2018-19 between 2A and 3B. How to deal with this?
You had shown in GSTR 9, CREDIT TO BE AVAILED IN SUBSEQUENT YEAR EXPLAIN TO OFFICER HE WILL CONVINCED
Thanks a lot sir ....i agree with your explanations but sir there can be a ground where we can challenge the judgements of high court . During FY 2019-20 covid-19 has adversly affected many person due to which filings are delayed , if government has extended time limit for filing return then they also have power to extend time limit for availment of credit for those proprietor who were affected due to covid-19 if they have valid evidence in form of medical certificates and prescriptions which can be verified with the Hospitals where assessee went for covid-19 treatment.
Even government has provided various relief in income tax provisions w.r.t covid-19 cases.
Sir pls make details video on same pan but more branch in same state or other state rajender sharma its very helpful for viewers
Nice . Officer steel disallow since no notification. They have to allow if do order befire 30th jan 24
Sir our GST REFUND against export was cancelled due to non submission of GSTR2A, we didn't file Apple as our cash ledger wasn't credited after cancellation of our refund. Can we get our Refund, is there any time limit to file Apple.
Another we finle our GST REFUND against export 3 month already gone but we didn't get our Refund. Please advise. Thanks
Is there any releif for FY 19-20 COVID time?
I hv filed all return on time except march 3B was filed in nov 20, now they asked to reverse ITC
Great video Sir. But what to do when the notice is already received. Should we pay or should wait for argument in supreme court
FY 2018-19 - SCN issue u/s 73 - Reason since your supplier filed his GSTR Return belatedly (after 20th Oct 2019)therefore u r not eligible to take ITC , Receipient has availed ITC within the time limit .
Is this view correct taken by d department ?
IMO Sec 16(4) or 16(2) doesn’t mention to match d invoices with 2A/B back then In FY 18-19.
you are right sir, in FY 18-19 its cant be disallowed, if return 3B filled on or before due date. 16(4) says about 3B by us , not about GSTR-1 by party
Sir input IGST on import not availed for March 23. Can we avail it in March 24 GSTR 3B RETURN
Dear Jain Saab🙏 God bless you and your family 🙏 closed my business as unable to understand & satisfy the GST system as they unable to implement GSTR-2 to claim ITC and my case belated 5days GSTR-3B for 2018-19 filed on 25-10-2019 after arranging all tax payment selling my property. Now running state, central rax office and ca lawyer for appeal to court 😔
Sir जो tax goods purchase करते समय चुका दिया गया है और वह समय से सरकार के खाते में जमा हो गया है ,
सरकार उसी tax को दोबारा कैसे मांग सकती है , जमा किया हुआ टैक्स purchaser का अधिकार है , क्या यह अन्याय, पाप, अत्याचार, अधर्म नही है
सबसे बड़ा सवाल कोर्ट में यही होना चाहिए
Ulta amnesty scheme laye ja rhe hai ki 10% disputed amount bharo taki bad me supreme Court use deny kr de.. Sarkar sirf loot rhi hai aam admi ko
Whats your opinion on Igst paid on Import of Goods after due date
available
Can they take this concession back if it is concession and not right. Let they take thuc concession back so that there remains no issue of itc problems.
Good Evening Sir,
Any notification for March 2019 GSTR 3B Due Date?
Can I Take ITC if filed after 20th October 2019
Regards
Sir, can we take refund for itc of services regarding inverted duty structure.
no
@@cabimaljain thanks sir for your prompt reply.. if any notification number pls guide.
Q. No. 5 if a man fall ill due paralysis or coma or road accident etc etc in March and recover after 12 month i.e in next March what will be his situation if he get sec16(4) notice.
According to department one has to pay tax and file return before dying 😢
Court can only provide some relief, govt are operated by goons
Please sir files slp in sc behalf of us
Tax payers has to work for GST department ensuring 18% irrespective of your financial situation non receipt of customer payment your materials payment to supplier operations payment debit note ? After GST implementation owners becomed labourers, ITC availment supposed be by GSTR-2 and GSTR-3B not allowed until payment. Unable to understand all this clauses and closed my firm in 2022 and running behind centre & state tax offices for this 16(4) many scn orders 😔Gabbar Singh marr gaya abh Gabbar Singh GST Gost is behind all tax payers.
Sir please share draft reply
Sir please talk in English, we can not understand Hindi
Old regime is good😂