Clarifying Provisions Under CGST Act: Circular No. 237/31/2024-GST
<p><span>On October 15, 2024, the Ministry of Finance issued Circular No. 237/31/2024-GST. This circular aims to clarify the implementation of sub-sections (5) and (6) of section 16 of the CGST Act, 2017. These provisions, inserted retrospectively from July 1, 2017, extend the time limits for availing input tax credit (ITC) in specified cases. Key highlights include:</span></p><ol start="1"><li><span><strong>Extended Time for Availing ITC</strong>: ITC can be claimed for invoices or debit notes for financial years 2017-18 to 2020-21 in returns filed up to November 30, 2021.</span></li><li><span><strong>Revoked Registrations</strong>: If a registration was canceled and later revoked, the taxpayer is entitled to claim ITC in returns filed within specified timelines.</span></li><li><span><strong>Refund Restrictions</strong>: No refunds will be issued for tax paid or ITC reversed due to the retrospective amendments.</span></li><li><span><strong>Special Procedure for Rectification</strong>: Taxpayers against whom demands were issued for wrong ITC availment can apply for rectification under a special procedure, if they meet certain conditions.</span></li><li><span><strong>Uniform Implementation</strong>: The circular ensures uniformity in implementing the provisions across various scenarios, such as pending investigations, issued demands, and appeals.</span></li><li><span><strong>Application for Rectification</strong>: Detailed steps for taxpayers to electronically file rectification applications for orders under sections 73, 74, 107, or 108 of the CGST Act are provided.</span></li><li><span><strong>No Refund for Retrospective Amendments</strong>: Emphasizes that no refunds will be granted for taxes paid or ITC reversed before the amendments were enacted.</span></li></ol><p><span>This circular aims to provide clarity and ensure uniformity in the application of these extended provisions, reducing uncertainties and compliance burdens for taxpayers.</span> <a href="https://cms.plasament.com/storage/nisha/circular-no-237-2024.pdf">circular-no-237-2024</a><br> </p>