availment of ITC of IGST paid under protest by the supplier.
Query (Issue) Started By: – Narendra Soni Dated:- 26-6-2018 Last Reply Date:- 28-6-2018 Goods and Services Tax – GST
Got 12 Replies
GST
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 al
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ill we can avail ITC???, Kindly re confirm.
Reply By Ganeshan Kalyani:
The Reply:
In my view no.
Reply 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
T
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It had been represented by CEI that there is generally a dispute between the industry and the Central Excise field 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
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