IGST ITC Declared In GSTR-9 Can Be Set Off Against Tax Demand If Missed In Monthly GSTR-3B: Calcutta High Court

The Calcutta High Court has stated that IGST (Integrated Goods and Services Tax) ITC (Input Tax Credit) declared in GSTR-9 can be set off against tax demand if missed in the monthly GSTR-3B. Justice Om Narayan Rai bench observed that the appellate authority did not justify why the IGST ITC declared in GSTR-9 could not be set off against the tax demand. In this case, the assessee/petitioner failed to claim Input Tax Credit (ITC) in respect of IGST pertaining to the months of May 2018, June 2018 and July 2018 while filing the monthly returns in form GSTR-3B. The assessee subsequently realised her mistake and claimed ITC while filing the annual return in Form GSTR-9 for the year 2018-19. A show-cause notice under Section 73 of the CGST Act was issued to the assessee. The assessee submitted that she had, by mistake, not claimed ITC, although she was eligible therefor in respect of the financial year 2018-19, and that she had rectified the mistake by claiming the same while uploading Form GSTR-9 for the said financial year. It was indicated that upon the assessee having claimed ITC in respect of IGST to the tune of Rs. 3,54,457.99/-, the same should be offset against the demand of the tax on account of CGST and SGST and the assessee would only be liable to pay a sum of Rs. 83,608.07/- on account of taxes due and payable along with interest. The Appellate Authority concluded that, without indicating as to why, the assessee's plea was “devoid of logic, facts & proper explanation”. The Appellate Authority has observed that necessary documents were absent but there is no indication as to what were the necessary documents that were absent. The bench observed that the Appellate Authority has not indicated as to why claiming of ITC in respect of IGST in Form GSTR-9 would not enure to the benefit of the assessee, as to why the said amount could not be offset with the claim of the department on account of CGST and SGST. In view of the above, the bench set aside the impugned order and remanded the matter back to the Appellate Authority for fresh consideration. Case Title: Laxmi Ghosh v. The State Of West Bengal & Ors. Case Number: W.P.A. 20364 of 2025 Counsel for Petitioner/Assessee: Himangshu Kumar Ray Counsel for Respondent/Department: S.K. Dutta Click Here To Read/Download The Order

IGST ITC Declared In GSTR-9 Can Be Set Off Against Tax Demand If Missed In Monthly GSTR-3B: Calcutta High Court

Mehak Dhiman

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