Aakarsha Traders, a registered supplier under GST in Uttar Pradesh, had their GST registration cancelled retrospectively with effect from 1 st…

As per section 16 (6) , where: the registration of a registered person is cancelled under section 29,and subsequently cancellation is revoked by any order under section 30,and availment of ITC was not restricted under section 16 (4) on the date of cancellation, then such person is entitled to take ITC on such invoice or debit note in a return under section 39: (i) filed up to 30 th November following the financial year to which such invoice or debit note pertains, or date of furnishing annual return, whichever is earlier; or (ii) for the period from the date of cancellation of registration or the effective date of cancellation of registration, as the case may be, till the date of order of revocation of cancellation of registration, where such return is filed within 30 days from the date of order of revocation of cancellation of registration whichever is later. In view of the aforementioned legal provisions in the given case, Aakarsha Traders is entitled to claim input tax credit (ITC) in respect of invoices issued in February and March of the preceding financial year in a return under section 39: (i) filed up to 30 th November of current financial year or (ii) return filed for the period from effective date of cancellation of registration till the date of order of revocation of cancellation of registration, within 30 days of revocation of cancellation i.e., up to 14 th January whichever is later. Thus, Aakarsha Traders is entitled to claim input tax credit (ITC) in respect of invoices issued in February and March of the preceding financial year in the return for the month of September furnished on 21 st December of current financial year.