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Corporate News *  The GSTN has issued an Advisory dated 21.04.2026 about the introduction of an Offline Tool for the Invoice Management System (IMS)  *  CBIC extends due dates for filing of FORM GSTR 3B  for the month of April 2026 *  Interest cannot be imposed in adjudication order, if not demanded/quantified in show cause notice : Allahabad HC *  Wheelchairs with toileting facility eligible for exemption: CESTAT affirms customs duty exemption to importer *  Industries urge GST council to allow inverted duty refunds on input services *  Tamil Nadu GST dept introduced virtual hearing facility for GST appeals under under section 107 of the TNGST act: detailed guidelines  *  CIC urges authorities to implement GST evasion complaint tracking system *  Even if the assessee opts "NO" for personal hearing in form DRC-06 ,The mandatory requirement under section 75(4) to grant opportunity of hearing cannot be waived:Gujarat High Court  *  Glufosinate imports curbs imposed by govt *  Government extends Re-import period for exported cut & polished diamonds *  CIC flags lack of tracking system for tax evasion complaints,urges GST authorities to improve transparency *  No Custodial Interrogation needed in GST fraud case based on documentary evidence already in Department's Possession : Chattisgarh HC *  Orders under section cannot be sustained if passed without considering the taxpayer's objections and without granting a personal hearing:Gujarat High Court *  Mere cancellation of supplier's registration cannot,by itself,justify denial of ITC or cancellation of the recipient's registration:Bombay High Court *  High Court sets aside GST notice citing factual errors and natural justice violations *  Provisional Bank Attachment under Section. 110 of Customs Act Unsustainable Beyond Statutory period without Extension order: Bombay HC orders to defreeze accounts *  Post Clearance MRP Alteration by Distributor Does not attract Differential Customs Duty: CESTAT *  DGFT Expands scope of 'Screws' classification under RoDTEP Scheme  *  E-way bills surze to all time high of 140.6 million in March *  GST Exemption Allowed on Pure Labour Services for Standalone Houses: AAR  *  GST Payable Only on Margin in Second-Hand Car Sales, Subject to Strict Conditions and No ITC Claim: AAR *  DGFT rolls out procedure for allocation of calcined coke *  GST portal update : Pre-deposit amount now editable in Appeals *  J&K HC declared TMT scrap a 'Specified Good' eligibile for GST refunds under Support Scheme  *  Pigmy agents are employees of banks; no GST can be levied on commission  paid to them : Karnataka HC *  DGFT Revises HS Code Description for Screws Under RoDTEP *  GST Registration Cancellation Invalid Without Proper Service of Notice: Allahabad High Court. *  Bengaluru CGST | GST Backlog Appeals Deadline Fixed at June 30, 2026 *  No Time Bar on Refund of Service Tax for Services Not Rendered: CESTAT  Remands Indiabulls Case for Unjust Enrichment Check. *  Supreme Court Holds Renewable Energy Incentive Must Benefit Generators, Not Be Adjusted in Tariff
Subject News *   Delhi HC Quashes Order, Says Reminder Cannot Validate Improperly Served GST SCN *  KARNATAKA HIGH COURT REMANDS GST SHORTFALL MATTER DUE TO ABSENCE OF PERSONAL HEARING   *  CESTAT cancels confiscation and penalties on imported computer cabinet cases: Custom duty restricted to 111 surplus units *  Deposit of tax during search or investigation cannot be treated as 'Voluntary Payment' : Bombay High Court *  Section 76 of the CGST cannot be invoked where the tax has already been duly deposited, even if through another registration of the same entity: Madras High Court *  Sec 74 allows use of material regardless of source; illegality or flaws in section 67 search do not vitiate valid adjudication: HC *  Inter-State transfer of ITC on Amalgamation permissible as given under section 18(3) read with rule 41 of the CGST rules, 2017: Gujarat High Court *  HC: No GST on commisson paid to Pigmy Agents *  IGST refund denial on illegible bill of lading invalid absent chance to furnish docs; merit reconsideration in appeals directed: HC *  ITC is not admissible on GST paid on leasehold rights of land used fpr setting up an air seperation plant: AAAR,Tamil Nadu *  GST: No penalty under Section 74 after voluntary ITC reversal due to non-existent supplier : High Court *  TN AAAR denies GST ITC on Land Lease under Sec. 17(5)(d) for setting up plant and machinery *  GST proceedings quashed as notices sent to old address, despite updated address in registration *  Importer Can’t Be Penalised for Alleged IGCR Procedural Lapses Without Evidence of Departmental Error: CESTAT *  Structured Healthcare Training Not ‘Charitable Activity’, 18% GST Payable: AAR  *  CESTAT As The Appellate Authority For Central Sales Tax Disputes: A Paradigm Shift Under Finance Act, 2023 *   Rs. 25K Cost Imposed On SGST Joint Commissioner for Attaching Bank  Accounts Without Forming Mandatory “Opinion”: Bombay HC *   Ex-Parte GST Order Without Hearing Violates Natural Justice: Karnataka  High Court Quashes Adjudication and Bank Attachment.  *   Retrospective GST Cancellation Can’t Invalidate Genuine Transactions:  Jaipur Commissioner (Appeals) Quashes Rs. 95,670 ITC Demand. *   GST Pre-Deposit Non-Compliance: Allahabad High Court Allows Appeal  Subject to Rs. 30 Lakh Balance Deposit, Recognises Offline Filing. *  Documentary Nature of Evidence: Allahabad High Court Grants Bail in Rs. 32.66 Crore Fake ITC Fraud Case *  Supreme Court Flags Systemic Bias in Army’s Permanent Commission Process for Women Officers *  Re-Determination of Land Compensation Can Be Based on Appellate Court Awards, Clarifies Scope of S. 28-A: Supreme Court. *  Supreme Court Imposes Rs. 5 Lakh Costs On Rent Authority Officer For Acting Beyond Jurisdiction. *  DGGI Meerut | Court Denies Bail to Accused in Claiming Fake ITC And Export Refunds *  Denial of GST Rate Revision Benefit to Contractor Violates Article 14: Rajasthan HC *  GST Registration Cancellation for Non-Filing of Returns: Gauhati High Court Directs Restoration on Compliance. *   Supreme Court Quashes FEMA Adjudication Orders, Revives Proceedings at  Show Cause Stage. *   Higher Rank, Harsher Punishment Justified: Supreme Court Restores Dismissal  of Bank Manager in Misappropriation Case. *   Limitation for Export Refund to Be Counted from Foreign Exchange Realisation,  Not From Export Invoices Issuance: CESTAT  

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GST Update on Restrictions on availment of ITC

GST Update on Restrictions on availment of ITC
Restrictions on availment of ITC
 
We have already informed you about the restriction of 20% on taking of credit. We are discussing in depth about this provision. Following new sub-rule (4) has been inserted in Rule 36 dealing with conditions for claiming input tax credit:
 
“(4) Input tax credit to be availed by a registered person in respect of invoices or debit notes, the details of which have not been uploaded by the suppliers under sub-section (1) of section 37, shall not exceed 20 percent of the eligible credit available in respect of invoices or debit notes the details of which have been uploaded by the suppliers under sub-section (1) of section 37.”
 
Hence the above inserted sub-rule provides that the availment of ITC with respect to the invoices or debit notes not uploaded by the supplier cannot exceed 20% of the eligible credit in respect of invoices or debit notes which have been uploaded.
 
Let us understand this with the help of an example. Suppose Mr. A registered person is a registered person in GST era.
(a) ITC reflected in GSTR 2A in October 2019 Rs. 1,00,000
(a)1 Ineligible Credit as per 2A out of (a) above Rs. 20,000
(a)2 Therefore, Eligible Credit i.e. (a)-(a)1 Rs.80,000
(b) ITC as per books of accounts Rs.1,50,000
     
  Provisional ITC (20% of the limit) that can be claimed =20%*80000= Rs.16,000
(c) Total ITC eligible for availment in 3B return =80,000+16,000
=Rs.96,000
(d) Credit to be transferred in unclaimed account in books of accounts =80%*80,000=Rs.64,000
 
ITC will be restricted for buyers if suppliers have not uploaded invoice and paid tax. Buyers will be able to claim only 20% provisional ITC. Provisional ITC will be a maximum of 20% of the ITC available as per GSTR-2A i.e. 20% of ITC for invoices that have been uploaded by suppliers.
 
The inserted rule does not elaborate the term eligible credit. However, depth analysis of the term depicts that eligible credit is the total credit reflected in the GSTR 2A for a particular period or month. However, this credit excludes ineligible credit as per Section 17(5), credit pertaining to exempt supplies, reverse charge supplies reflecting in 2A return etc.
 
However, the credit to be taken cannot be exactly 20%, it has to be based on the invoices only. You can maximize your credit by doing various permutation and combination of invoices but it will be nearest to 20%. Supposing in above example, 20% comes to 1,19,200/- then you should avail so and rest of the invoices cannot be availed.
 
Moreover, credits which cannot be availed due to 20% restriction are supposedly to be debited in unclaimed ledgers in our books of accounts rather than directly posting in Input ledgers.
The entry would be as follows-
Purchases a/c Dr……
Unclaimed Input CGST a/c Dr….
Unclaimed Input SGST a/c Dr….
          To Sundry Creditors a/c………
Or else at the end of the month, you can pass the entry and transfer from Input SGST and Input CSGT to unclaimed credit account. Now, it is not clear that 20 percent will be applicable for each account of CGST, SGST and IGST separately or overall restriction will be applicable. If overall restriction is applied then everyone will take 20 percent IGST credit which can be utilized in payment of any account.
 
Every month while reconciling GSTR 2A with the books of accounts, the excess credit remaining after availing 20% credit will be transferred to Unclaimed input ledgers.
 
There are certainly many more practical difficulties which will be faced by the assessee while complying with the inserted rule. Now continue with the same example, suppose, the next month figures are as under:-
 
(a) ITC reflected in GSTR 2A in November 2019 Rs. 2,00,000
(a)1 Ineligible Credit as per 2A out of (a) above Rs. 50,000
(a)2 Therefore, Eligible Credit i.e. (a)-(a)1 Rs.1,50,000
(b) ITC as per books of accounts Rs.2,50,000
     
 
 
The issue under consideration is basically with the calculation of eligible credit for each period and maintenance of accounts.
 
The major questions arises –
While matching GSTR 2A of the next month, some of the invoices of previous month is uploaded. invoices pertaining to Rs. 50,000 of the previous month are uploaded by the supplier. This includes some credit which has been considered in 20% limit and credit has been availed instantly in October 2019. Out of Rs. 50,000 uploaded of previous month, 30000 credit is pertaining unclaimed credit and 20,000 to claimed invoices of previous month. Now the problem comes up with the calculation of eligible ITC for the November 2019 month.
 
There are different schools of thoughts for calculating eligible credits.
(1) Technically, Eligible credit for the month of Nov 19= invoices which were unclaimed last month uploaded in GSTR2A in this month (30,000 in example)+ eligible credit reflected in 2A of Nov19
(2) However some experts are of view that the calculation should include absolute figure of Rs. 50,000 for the purpose of eligible credit. But the credit of 20,000 is already taken. However, this school says that 20,000 was never considered for 20 % limit although these are now uploaded in GSTR-2A.
 
If accumulated credit is taken for calculating eligible credits, then assessee has to devote his day and night in matching GSTR 2A of all the previous months which is a very tedious task and never ending exercise. The assesse was not able to do it on annual basis but whether they can do it on monthly basis and that too in a limited time.
 
All GSTR-1 will be uploaded on 11th, hence GSTR-2A will probably come on 15th for all assessees. Then they have to reconcile the same for all earlier months within 5 days and then file the returns.
 
In addition to this, how the assessee will do accounting entries relating to input tax credit which are ineligible due to 20% limit but eligible as per GST law that too month wise in their books of accounts. Maintenance of accounts as per this rule will be an impossible task for the accountants.
Another implication of this amendment is for small providers who file quarterly returns. Their credit will be available to purchaser on quarterly basis. But that will not be acceptable to large units. They will not trade with small assesees. Hence, they will be compelled to opt for monthly returns.
 
It does not seem to be practically possible to implement this situation. The views and suggestions from all netizens are invited on this burning issue.
 
The content of this GST update is for educational purpose only and not intended for solicitation.
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