Vide Notification No. 18/2022-Central Tax dated 28.09.2022, the Central Government has appointed 01.10.2022 as the date on which the provisions of sections 100 to 114, except clause (c) of section 110 and section 111, of the Finance Act, 2022 shall come into force.
Thereby, the time limit for the following compliances in respect of a particular financial year has been extended and fixed as 30th November of the next financial year, or furnishing of the relevant annual return, whichever is earlier:
| Relevant section of theFinance Act, 2022 | Corresponding provisionof the CGST Act, 2017 | Corresponding compliance requirements |
| Clause (b) to Section 100 | Section 16(4) | Claiming of ITC in respect of any invoice ordebit note in the return |
| Section 102 | Section 34(2) | Declaration of the details of credit notes inthe return |
| Clause (c) to Section 103 | Proviso to Section 37(3) | Rectification of particulars in details ofoutward supplies |
| Clause (c) to Section 105 | Proviso to Section 39(9) | Rectification of particulars furnished in areturn |
| Section 112 | Proviso to Section 52(6) | Rectification of particulars in the statementfurnished by a TCS operator |
Doubts have been raised whether the said extended timelines are applicable in respect of compliances for FY 2022-23 onwards or whether the same are also applicable to the compliances for FY 2021-22. Doubts have also been raised whether the timelines for the said compliances stand extended to the date of filing/ furnishing of the return/ statementfor the month of November 2022 or the said compliances can be carried out in a return or the statement filed/ furnished upto 30th November 2022.
In this regard, it is clarified that the extended timelines for compliances listed in para 2 are applicable to the compliances for FY 2021-22 onwards. It is further clarified that the said compliances in respect of a financial year can be carried out in the relevant return or the statement filed/ furnished upto 30th November of the next financial year, or the date of furnishing annual return for the said financial year, which ever is earlier.
It is also clarified that no extension of due date of filing monthly return/ statement for the month of October (due in November) or the due date of filing quarterly return/ statement for the quarter ending September has been made vide the amendments in CGST Act, 2017 notified through Notification No. 18/2022-Central Tax dated 28.09.2022.
Thus the ITC in respect of invoices / debit notes issued in FY 2021-22 can be availed upto the GSTR-3B for the month of October,2022 which is filed by its due date viz 20/22/24th November, 2022 as the case may be, or if filed belatedly not beyond 30th November,2022.
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