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Circular No. 237/31/2024-GST
F. No. CBIC-20001/6/2024-GST
Government of India
Ministry of Finance
Department of Revenue
Central Board of Indirect Taxes and Customs
GST Policy Wing
****
New Delhi, dated the 15
th
October, 2024
To,
The Principal Chief Commissioners/ Chief Commissioners/ Principal Commissioners/
Commissioners of Central Tax (All)
The Principal Directors General/ Directors General (All)
Madam/Sir,
Subject: Clarifying the issues regarding implementation of provisions of sub-section (5)
and sub-section (6) in section 16 of CGST Act, 2017-reg.
Reference is invited to sub-section (5) and sub-section (6) of section 16 of the Central
Goods & Services Tax Act, 2017 (hereinafter referred to as the “CGST Act”) inserted in
section 16 of the CGST Act, with effect from the 1st day of July, 2017, vide section 118 of
the Finance (No. 2) Act, 2024, whereby the time limit to avail input tax credit under
provisions of sub-section (4) of section 16 of CGST Act has been retrospectively extended in
certain specified cases.
1.2 Sub-section (4), sub-section (5) and sub-section (6) of section 16 of the CGST Act are
reproduced below for ready reference:
“(4)A registered person shall not be entitled to take input tax credit in respect of
any invoice or debit note for supply of goods or services or both after the thirtieth
day of November following the end of financial year to which such invoice or
debit note pertains or furnishing of the relevant annual return, whichever is
earlier.
Provided that the registered person shall be entitled to take input tax credit after
the due date of furnishing of the return under section 39 for the month of
September, 2018 till the due date of furnishing of the return under the said section
for the month of March, 2019 in respect of any invoice or invoice relating to such
debit note for supply of goods or services or both made during the financial year
2017-18, the details of which have been uploaded by the supplier under sub
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section (1) of section 37 till the due date for furnishing the details under sub-
section (1) of said section for the month of March, 2019.
(5) Notwithstanding anything contained in sub-section (4), in respect of an
invoice or debit note for supply of goods or services or both pertaining to the
Financial Years 2017-18, 2018-19, 2019-20 and 2020-21, the registered
personshall be entitled to take input tax credit in any return under section 39
which is filed upto the thirtieth day of November, 2021.
(6) Where registration of a registered person is cancelled under section 29 and
subsequently the cancellation of registration is revoked by any order, either under
section 30 or pursuant to any order made by the Appellate Authority or the
Appellate Tribunal or court and where availment of input tax credit in respect of
an invoice or debit note was not restricted under sub-section (4) on the date of
order of cancellation of registration, the said person shall be entitled to take the
input tax credit in respect of such invoice or debit note for supply of goods or
services or both, in a return under section 39,––
(i) filed upto thirtieth day of November following the financial year to which such
invoice or debit note pertains or furnishing of the relevant annual return,
whichever is earlier; or
(ii) for the period from the date of cancellation of registration or the effective date
of cancellation of registration, as the case may be, till the date of order of
revocation of cancellation of registration, where such return is filed within thirty
days from the date of order of revocation of cancellation of registration,
whichever is later.”
1.3 Further, it has been provided in section 150 of the Finance (No.2) Act, 2024
(reproduced below), that no refund of any tax paid or the input tax credit reversed shall be
granted on account of the said retrospective insertion of sub-section (5) and sub-section (6) of
section 16 of the CGST Act.
“150. No refund shall be made of all the tax paid or the input tax credit reversed,
which would not have been so paid, or not reversed, had section 118 been in force
at all material times.”
1.4 Besides, vide Notification No. 22/2024 –Central tax dated 08.10.2024, a special
procedure for rectification of orders has been notified under section 148 of the CGST Act, to
be followed by the class of taxable persons, against whom orders under section 73 or section
74 or section 107 or section 108 of the CGST Act have been issued confirming demand for
wrong availment of input tax credit on account of contravention of provisions of sub-section
(4) of section 16 of the CGST Act, but where such input tax credit is now available as per the
provisions of sub-section (5) or sub-section (6) of section 16 of the CGST Act, and where
appeal against the said order has not been filed.
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1.5 Representations have been received from trade and industry requesting for
clarification in respect of various issues pertaining to availment of benefit of the said
amendments in section 16 of CGST Act to the taxpayers against whom demands have been
issued alleging wrong availment of input tax credit in contravention of provisions of sub-
section (4) of section 16 of CGST Act, who are now entitled to avail the said input tax credit
as per the retrospectively inserted provisions of sub-section (5) or sub-section (6) of section
16 of the CGST Act.
2. In order to ensure uniformity in the implementation of the provisions of law across the
field formations, the Board, in exercise of its powers conferred by section 168 (1) of the
CGST Act, hereby clarifies the issues as below.
3. The following action may be taken by the tax authorities and/ or the taxpayers in
various scenarios for availment of benefit on account of retrospectively inserted provisions of
sub-section (5) or sub-section (6) of section 16 of the CGST Act:
3.1 Where no demand notice/statement has been issued under section 73 or section 74 of
the CGST Act:
In cases, where any investigation/proceedings in respect of wrong availment of input tax
credit alleging contravention of provisions of sub-section (4) of section 16 of the CGST
Act has been initiated, but no demand notice/statement under section 73 or section 74 of
the said Act has been issued, and taxpayers are now entitled to avail the said input tax
credit under the provisions of sub-section (5) or sub-section (6) of section 16 of the
CGST Act, the proper office shall take cognizance of the sub-section (5) or sub-section
(6) of section 16 of CGST Act, inserted retrospectively with effect from 01.07.2017 and
take further appropriate action. This also includes the cases where an intimation in FORM
DRC-01A has been issued under rule 142(1A) of the CGST Rules for denial of input tax
credit on account of contravention of sub-section (4) of section 16 of the said Act, but no
demand notice/statement under section 73 or section 74 of the said Act has been issued.
3.2 Where demand notice/ statement under section 73 or section 74 of CGST Act has
been issued but no order under section 73 or section 74 of CGST Act has been issued
by the Adjudicating Authority:
In such cases, the Adjudicating Authority shall take cognizance of sub-section (5) or sub-
section (6) of section 16 of the CGST Act, inserted retrospectively with effect from
01.07.2017, and pass appropriate order under section 73 or section 74 of the CGST Act.
3.3 Where order under section 73 or section 74 of the CGST Act has been issued and
appeal has been filed under section 107 of the CGST Act with the Appellate
Authority but no order under section 107 of the CGST Act has been issued by the
Appellate Authority:
In such cases, the Appellate Authority shall take cognizance of sub-section (5) or sub-
section (6) of section 16 of the CGST Act, inserted retrospectively with effect from
01.07.2017, and pass appropriate order under section 107 of the CGST Act.
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3.4 Where order under section 73 or section 74 of the CGST Act has been issued and
Revisional Authority has initiated proceedings under section 108 of the CGST Act,
but no order under section 108 of the CGST Act has been issued by the Revisional
Authority:
In such cases, the Revisional Authority shall take cognizance of sub-section (5) or sub-
section (6) of section 16 of the CGST Act, inserted retrospectively with effect from
01.07.2017, and pass appropriate order under section 108 of the CGST Act.
3.5 Where order under section 73 or section 74 of the CGST Act has been issued but no
appeal against the said order has been filed with the Appellate Authority, or where
the order under section 107 or section 108 of the CGST Act has been issued by the
Appellate Authority or the Revisional Authority but no appeal against the said order
has been filed with the Appellate Tribunal:
In such cases, where any order under section 73 or section 74 or section 107 or section
108 of the CGST Act has been issued confirming demand for wrong availment of input
tax credit on account of contravention of provisions of sub-section (4) of section 16 of the
CGST Act, but where such input tax credit is now available as per the provisions of sub-
section (5) or sub-section (6) of section 16 of the CGST Act, and where appeal against the
said order has not been filed, the concerned taxpayer may apply for rectification of such
order under the special procedure under section 148 of the CGST Act notified vide
Notification No. 22/2024 – Central tax dated 08.10.2024, within a period of six months
from the date of issuance of the said notification.
3.5.1 The taxpayers can file an application for rectification electronically, after login to
www.gst.gov.in, using their credentials, by navigating as below in various cases:
a. In case where an application for rectification of an order issued under section
73 or section 74 of the CGST Act is to be filed:
i. Click Dashboard > Services > User Services > My Applications.
ii. Select "Application for rectification of order" in the Application Type field.
Then, click the NEW APPLICATION button.
b. In case where an application for rectification of an order issued under section
107 of the CGST Act is to be filed:
i. Click Dashboard > Services > User Services > View Additional
Notices/Orders
ii. Additional Notices and Orders page is displayed. Click the View hyperlink to
go to the Case Details screen of the issued Notice/Order.
iii. Case Details page is displayed. The APPLICATIONS tab is selected by
default. Select the ORDERS tab and click the "Initiate Rectification" link.
c. In case where an application for rectification of an order issued under section 108
of the CGST Act is to be filed:
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i. Click Dashboard > Services > User Services > View Additional
Notices/Orders
ii. Additional Notices and Orders page is displayed. Click the View hyperlink
to go to the Case Details screen of the issued Notice/Order.
iii. Case Details page is displayed. The NOTICES tab is selected by default. To
submit Rectification Request against the Revision Order issued to you by the
Revisional Authority, select the ORDERS tab and click the "Initiate
Rectification" link.
3.5.2 While filing such application for rectification of order, the taxpayer shall upload along
with the application for rectification of order, the information in the proforma in
Annexure A of the said notification, containing inter-alia the details of the demand
confirmed in the said order of the input tax credit wrongly availed on account of
contravention of sub-section (4) of section 16 of the CGST Act, which is now eligible
as per sub-section (5) and/or sub-section (6) of section 16 of the CGST Act.
3.5.3 Such application for rectification shall be dealt by the proper officer who had passed
the order for which the said rectification application has been filed. The said officer
shall take a decision on the said application for rectification and issue the order, as far
as possible, within a period of three months from the date of such application. Besides,
in case where any rectification is being made by the proper officer in the order for
which the rectification application has been filed, he shall also upload a summary of the
rectified order electronically in FORM DRC-08 in cases where rectification of an
order issued under section 73 or section 74 of the CGST Act is being made, and in
FORM GST APL-04, in cases where rectification of an order issued under section 107
or section 108 of the said Act is being made. While taking a decision on such
application for rectification filed under the said special procedure, the proper officer
shall also consider other grounds, if any, for denial of input tax credit, other than
contravention of sub-section (4) of section 16 of the CGST Act, invoked in the
concerned notice issued under section 73 or section 74, as applicable, in respect of the
said amount of input tax credit.
3.5.4 Where the rectification adversely affects the said person, the principles of natural
justice shall be followed by the said proper officer.
3.5.5 Further, it is to be noted that in cases where any rectification has been made by the
proper officer in the order for which the rectification application has been filed, an
appeal against such rectified order can be filed under the provisions of section 107 or
section 112 of the CGST Act, as the case may be, within the time limit specified
therein.
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4. It is pertinent to note that in terms of section 150 of the Finance (No. 2) Act, 2024, no
refund of tax already paid or input tax credit already reversed would be available,
where such tax has been paid or input tax credit has been reversed on account of
contravention of provisions of sub-section (4) of section 16 of the CGST Act, and
where such input tax credit is now available as per the provisions of sub-section (5) or
sub-section (6) of section 16 of the CGST Act.
5. It is to be noted that the rectification application of an order issued under section 73 or
section 74 or section 107 or section 108 of the CGST Act, can be filed under the
special procedure notified vide notification No. 22/2024 – Central tax
dated 08.10.2024, within a period of six months from the date of issuance of the said
notification, only in cases where the issue or one of the issues on which the demand
has been confirmed in the said order, pertains to wrong availment of input tax credit
on account of contravention of provisions of sub-section (4) of section 16 of the
CGST Act, and where such input tax credit is now available as per the provisions of
sub-section (5) or sub-section (6) of section 16 of the CGST Act. In cases where no
such issue is involved and a taxpayer requires to file an application of rectification of
an order, such rectification application can be filed by the taxpayers only under the
provisions of section 161 of the CGST Act, within the time limit specified therein. In
case a taxpayer has filed an application for rectification of an order under the special
procedure notified vide notification No. 22/2024 – Central tax dated 08.10.2024, but
where it is found that the issues in the said order do not involve any issue of wrong
availment of input tax credit on account of contravention of provisions of sub-section
(4) of section 16 of the CGST Act, and where such input tax credit is now available as
per the provisions of sub-section (5) or sub-section (6) of section 16 of the CGST Act,
such an application would be summarily rejected by the proper officer with a remark
that, “The rectification application is rejected as it is found that the same is not
covered under the notification No. 22/2024 – Central tax dated 08.10.2024, as no
such issue is involved in the said order pertaining to wrong availment of input tax
credit on account of contravention of provisions of sub-section (4) of section 16 of the
CGST Act, and where such input tax credit is now available as per the provisions of
sub-section (5) or sub-section (6) of section 16 of the CGST Act”.
6. It is requested that suitable trade notices may be issued to publicize the contents of
this Circular.
7. Difficulty, if any, in the implementation of this Circular may be brought to the notice
of the Board. Hindi version would follow.
Sanjay Mangal
Principal Commissioner (GST)
