ORDER NO. 01/2019-GST: RULE 117(1A) OF THE CGST RULES, 2017

Order No. 01/2019-GST has been issued to clarify the procedure for availing input tax credit (ITC) by taxpayers who have filed their GSTR-3B returns but have not filed their GSTR-1 returns.

The order states that taxpayers who have not filed their GSTR-1 returns for the previous tax periods will not be able to claim ITC for the current tax period.

However, if the taxpayer has filed their GSTR-1 returns for the previous tax periods before the due date of filing GSTR-3B for the current tax period, they will be able to claim ITC for the current tax period.

If the taxpayer has not filed their GSTR-1 returns for the previous tax periods before the due date of filing GSTR-3B for the current tax period, they will not be able to claim ITC for the current tax period.

The order also clarifies that the restriction on claiming ITC for the current tax period will not apply to taxpayers who have filed their GSTR-1 returns for the previous tax periods after the due date of filing GSTR-3B for the current tax period but before the due date of filing GSTR-1 for the said tax periods.

The order is applicable from February 1, 2019.

Taxpayers are advised to ensure timely filing of their GSTR-1 and GSTR-3B returns to avoid any issues with claiming ITC.