The Goods and Services Tax (GST) legislation, implemented in 2017, established a unified tax system across India, streamlining compliance and fostering business efficiency. While GST aims to facilitate a seamless flow of input tax credit, certain modifications regarding Input Tax Credit (ITC) utilization have presented challenges for some businesses. To properly assess these restrictions, it is essential to first grasp the relevant legal provisions.

Current Provisions for Input Tax Credit

Eligibility for input tax credit claims under GST is contingent upon satisfying all the subsequent conditions:

• The individual or entity must hold valid GST registration.
• The acquisition of goods or services must be for commercial activities.
• Possession of the corresponding tax invoice is mandatory.
• The goods or services must have been duly received.
• The supplier must have submitted their monthly or quarterly GSTR-3B return.
• The supplier must have remitted the associated output tax.
• Depreciation cannot be simultaneously claimed on the input tax credit value.
• Payment to the supplier must be completed within a 180-day period.

Furthermore, certain businesses are explicitly excluded from claiming credit as per Section 17 of the GST Act. Suppliers submit their sales invoices via Form GSTR-1, which then automatically appear in the buyer's GSTR-2A and GSTR-2B statements. Credits that fulfill the previously outlined criteria become eligible for claims during the relevant tax period.

Deadline for Claiming Input Tax Credit

The deadline for claiming input tax credit for a specific financial year is the earlier of the following dates:

• The due date for filing the September return in the subsequent financial year.
• The date on which the annual return for that financial year is submitted.

Subsequent to this deadline, any outstanding credit will be indicated as 'ITC Not Available' in the GSTR-2B statement. Moreover, invoices and debit notes from a given financial year, if submitted by the supplier in GSTR-1 after this prescribed deadline, will also render the associated credit ineligible for the recipient.

Advantages and Disadvantages of These Regulations

These regulations offer several advantages, providing a buffer for businesses, as detailed below:

• Businesses are provided with sufficient time to claim any input tax credit that might have been overlooked previously.
• Should a supplier delay in filing their returns, the recipient has an adequate window to engage with them, ensuring the invoice or debit note is submitted before the final deadline.
• The framework also allows for necessary revisions to invoices or debit notes within the stipulated timeframe.

Conversely, certain disadvantages may arise under specific circumstances:

• No procedure exists to claim input tax credit once the prescribed deadline has passed.
• If a supplier fails to file their GST returns punctually or submits them beyond the established deadline, the buyer is unable to claim the associated credit. This is a significant disadvantage, as the buyer bears the brunt of the supplier's non-compliance.
• Modifications to invoices or debit notes pertaining to a prior financial year are not permissible after the deadline.
• A legal precedent, M/S. D.Y. Beathel Enterprises vs. The State Tax Officer (Data Cell), (Investigation wing) Commercial Tax Buildings, Tirunelveli, involved a petitioner arguing that a recipient should not be held responsible for GST liabilities caused by a supplier's failure. The court ruled that tax recovery from the recipient could not be demanded without first pursuing action against the defaulting supplier. While this decision supports compliant taxpayers, monitoring the adherence of every supplier remains a challenging endeavor.
• Given these limitations, current provisions lack effective mechanisms to offer businesses recourse in such predicaments.

While the input tax credit claim deadline offers a beneficial grace period for registered persons to avail credit, it can also hinder credit utilization for businesses in specific scenarios, leaving them without adequate remedies. The overarching goal of GST legislation, through its various amendments and notifications, is to ensure businesses can seamlessly use input tax credit. Addressing the absence of support for businesses in these unique challenging situations is crucial for the government to safeguard the interests of compliant taxpayers.