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GST – Maharashtra AAR - Input Tax Credit in respect of Bill of Entry, Time Limit, Tax paying documents, IGST Credit – Applicant imported machineries and paid IGST through Bill of Entry. This IGST credit was reflected in GSTR 2A and GSTR 2B but was not availed by the applicant in GSTR 3B returns till 30th November 2023 - Applicant later received an email from the Department informing about the excess IGST ITC available as per GSTR 2B but not claimed in GSTR 3B - Whether the time limit of availing ITC in terms of Section 16(4) of the CGST Act, 2017 is applicable on ITC eligible as per Bill of Entry - HELD - While the term "Bill of Entry" is not expressly mentioned in Section 16(4), the provisions of the CGST Act, 2017 relating to ITC are made applicable to the IGST Act, 2017 "mutatis mutandis" under Section 20(iv) of the IGST Act, 2017. Thus, the time limit for availing ITC under Section 16(4) of the CGST Act, 2017 would also apply to the ITC on IGST paid on imported goods - The entitlement to ITC and the conditions for availing ITC go hand in hand and there is no context to provide different conditions for different documents. The intent behind the time limit in Section 16(4) is to ensure timely ITC claims, prevent indefinite carry forward of credits and maintain fiscal discipline, which would apply to all forms of ITC, including IGST on imports - Since ITC in respect of all types intra-state or inter-state supply is governed by section 16 of the CGST Act, all conditions under section 16 including the time limitation apply uniformly to all types of ITC. Hence, the condition of time limitation provided by section 16(4) is applicable to the transactions of IGST paid on imports - Applicant cannot avail the IGST paid as per the Bill of Entry in the next GSTR 3B, as the time limit under Section 16(4) of the CGST Act, 2017 has already elapsed – Ordered accordingly
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