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,
\nPlease suggest can we avail ITC of IGST paid under protest by the supplier ????. Under protest is also mentioned on invoices of supplier.
\nPlease confirm at the earliest.
\nReply By Ganeshan Kalyani:
\nThe Reply:
\nIn my view input tax credit of the tax paid under protest is not eligible.
\nReply By Alkesh Jani:
\nThe Reply:
\nSir, any disputed ITC can be availed but you should not utilize it, unless final order is issued.
\nOur experts may correct me if mistaken,
\nThanks
\nReply By YAGAY and SUN:
\nThe Reply:
\nIn our view it is al<\/p>\n
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Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n ill we can avail ITC???, Kindly re confirm. = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n \nIt 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. = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n","protected":false},"excerpt":{"rendered":" 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 – GSTGot 12 RepliesGSTDear experts, Please suggest can we avail ITC of IGST paid under protest by the supplier ????. Under protest is also mentioned on invoices … Continue reading “availment of ITC of IGST paid under protest by the supplier.”<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-12376","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"https:\/\/goodsandservicetax.in\/GST\/index.php?rest_route=\/wp\/v2\/posts\/12376","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/goodsandservicetax.in\/GST\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/goodsandservicetax.in\/GST\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/goodsandservicetax.in\/GST\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/goodsandservicetax.in\/GST\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=12376"}],"version-history":[{"count":0,"href":"https:\/\/goodsandservicetax.in\/GST\/index.php?rest_route=\/wp\/v2\/posts\/12376\/revisions"}],"wp:attachment":[{"href":"https:\/\/goodsandservicetax.in\/GST\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=12376"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/goodsandservicetax.in\/GST\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=12376"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/goodsandservicetax.in\/GST\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=12376"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}
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\nReply By Ganeshan Kalyani:
\nThe Reply:
\nIn my view no.
\nReply By Narendra Soni:
\nThe Reply:
\nDear experts,
\nThanks for valuable advises.
\nNow two types of opinions are received, one is saying that ITC is eligible, another is ITC not eligible.on GST paid under protest.
\nWe are unable to juge which option we should select.
\nHence, Kindly provide expert opinion based on rule,act or citation.
\nThanks
\nReply By Alkesh Jani:
\nThe Reply:
\nSir,
\nIn 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.
\nOur experts may correct me if mistaken
\nT<\/p>\n
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\nThe matter has been examined<\/p>\n
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