Almost all taxpayers and professionals are thinking that last date for claiming ITC of FY 2020-21 is 20th October 2021. But it is not correct.
To understand this, let read the lines of section 16(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 due date of furnishing of the return under section 39 for the month of September following the end of financial year to which such invoice or debit note pertains or furnishing of the relevant annual return, whichever is earlier.”
The section is saying that last date for claiming ITC of any FY is the last date for filing GSTR-3B return for the month of September of next FY relating to such FY.
Now, please note that there are three types of due dates in GSTR-3B return as of now:
Taxpayers who have opted QRMP Scheme and whose principal place of business is in the state of Chhattisgarh, Madhya Pradesh, Gujarat, Daman and Diu, Dadra and Nagar Haveli, Maharashtra, Karnataka, Goa, Lakshadweep, Kerala, Tamil Nadu, Puducherry, Andaman and Nicobar Islands, Telangana and Andhra Pradesh: 22nd October 2021.
Taxpayers who have opted QRMP Scheme and whose principal place of business is in the state of Jammu and Kashmir, Laddakh, Himachal Pradesh, Punjab, Chandigarh, Uttarakhand, Haryana, Delhi, Rajasthan, Uttar Pradesh, Bihar, Sikkim, Arunachal Pradesh, Nagaland, Manipur, Mizoram, Tripura, Meghalaya, Assam, West Bengal, Jharkhand and Odisha: 24th October 2021.
Taxpayers who are not in QRMP Scheme: 20th October 2021.
So the last date for claiming ITC of FY 2020-21 is 20th October 2021, 22nd October 2021, 24th October 2021 based on situation of principal place of business and whether the taxpayer has opted QRMP Scheme or not.