Goods and Services Tax – Started By: – Narendra Soni – Dated:- 26-6-2018 Last Replied Date:- 28-6-2018 – Dear experts,Please suggest can we avail ITC of IGST paid under protest by the supplier ????. Under protest is also mentioned on invoices of supplier.Please confirm at the earliest. – Reply By Ganeshan Kalyani – The Reply = In my view input tax credit of the tax paid under protest is not eligible. – Reply By Alkesh Jani – The Reply = Sir, any disputed ITC can be availed but you should not utilize it, unless final order is issued.Our experts may correct me if mistaken,Thanks – Reply By YAGAY and SUN – The Reply = In our view it is allowed however if ITC is being availed then on the event of favourable adjudication the supplier would not
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eply By Narendra Soni – The Reply = Dear experts,Thanks for valuable advises.Now two types of opinions are received, one is saying that ITC is eligible, another is ITC not eligible.on GST paid under protest.We are unable to juge which option we should select.Hence, Kindly provide expert opinion based on rule,act or citation.Thanks – Reply By Alkesh Jani – The Reply = Sir, In this regards, my point of view is that, if we apply the ratio of Para 2.1 of Circular No.33/2018 dated 23.02.2018, You may avail the credit but as it is disputed credit, you shall not utilize the same for payment of tax. Our experts may correct me if mistaken Thanks – Reply By KASTURI SETHI – The Reply = Dear Querist, Yes, I agree with Sh.Alkesh Jani, Ji. The same view
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d formations regarding eligibility of certain raw materials as input for claiming Modvat. The industry in order to preserve its right or justify the contention regarding eligibility of Modvat, avails the Modvat credit on such items in RG 23A Part II and keeps it in abeyance without utilisation. Show cause notices are, therefore, issued by Central Excise authorities every 6 months for the same inputs resulting in repeated litigation and consequential hardship to the assessees. CEI had, therefore, desired that some practical way out should therefore, be devised to save this avoidable inconvenience. The matter has been examined. Board has decided that in case of disputed inputs show cause notices need not be issued if the assessee gives an und
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