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Clarification to deal with difference in Input Tax Credit (ITC) availed in FORM GSTR-3B as compared to that detailed in FORM GSTR-2A for the period 01.04.2019 to 31.12.2021. - GST - States - TRADE CIRCULAR No. 06/2023Extract ..... onditions specified in Section 16 of West Bengal Goods and Services Tax Act, 2017 (hereinafter referred to as WBGST Act ) from 1st July, 2017 itself, restrictions regarding availment of ITC by the registered persons up to certain specified limit beyond the ITC available as per FORM GSTR-2A were provided under rule 36(4) of West Bengal Goods and Services Tax Rules, 2017 (hereinafter referred to as WBGST Rules ) only with effect from 9th October 2019. W.e.f. 09.10.2019, the said rule allowed availment of input tax credit by a registered person in respect of invoices or debit notes, the details of which have not been furnished by the suppliers under sub-section (1) of section 37, in FORM GSTR-1 or using the invoice furnishing facility (IFF), t ..... x x x x x Extracts x x x x x Clarification to deal with difference in Input Tax Credit (ITC) availed in FORM GSTR-3B as compared to that detailed in FORM GSTR-2A for the period 01.04.2019 to 31.12.2021. - GST - States x x x x x Extracts x x x x x ..... n paid by the supplier. In this context, it is mentioned that rule 36(4) of WBGST Rules was a facilitative measure and availment of ITC in accordance with rule 36(4) was subject to fulfilment of conditions of section 16 of WBGST Act including those of clause (c) of sub-section (2) thereof regarding payment of tax by the supplier on the said supply. 3.2. Though the matter of dealing with difference in Input Tax Credit (ITC) availed in FORM GSTR-3B as compared to that detailed in FORM GSTR-2A has been clarified for FY 2017-18 and 2018-19 vide Trade Circular No. 15/2022 dated 29.12.2022, various representations have been received seeking clarification regarding the manner of dealing with such discrepancies between the amount of ITC availed by ..... x x x x x Extracts x x x x x Clarification to deal with difference in Input Tax Credit (ITC) availed in FORM GSTR-3B as compared to that detailed in FORM GSTR-2A for the period 01.04.2019 to 31.12.2021. - GST - States x x x x x Extracts x x x x x ..... not been furnished by the suppliers under sub-section (1) of section 37, in FORM GSTR-1 or using IFF shall not exceed 20 per cent. of the eligible credit available in respect of invoices or debit notes the details of which have been furnished by the suppliers under sub-section (1) of section 37 in FORM GSTR-1 or using IFF. This is clarified through an illustration below: Illustration: Consider a case where the total amount of ITC available as per FORM GSTR-2A of the registered person was Rs. 3,00,000, whereas, the amount of ITC availed in FORM GSTR-3B by the said registered person during the corresponding tax period was Rs. 5,00,000. However, as per rule 36(4) of WBGST Rules as applicable during the said period, the said registered person w ..... x x x x x Extracts x x x x x Clarification to deal with difference in Input Tax Credit (ITC) availed in FORM GSTR-3B as compared to that detailed in FORM GSTR-2A for the period 01.04.2019 to 31.12.2021. - GST - States x x x x x Extracts x x x x x ..... der sub-section (1) of section 37 in FORM GSTR-1 or using the IFF. (iv) Further, for the period from 01.01.2021 to 31.12.2021, when rule 36(4) of WBGST Rules allowed additional credit to the tune of 5% in excess of that reported by the suppliers in their FORM GSTR-1 or IFF, the guidelines provided by Trade Circular No. 15/2022 dated 29.12.2022 shall be applicable, for verification of the condition of clause (c) of sub-section (2) of Section 16 of WBGST Act for the said period, subject to the condition that availment of input tax credit by the registered person in respect of invoices or debit notes, the details of which have not been furnished by the suppliers under sub-section (1) of section 37, in FORM GSTR-1 or using the IFF shall not exc ..... x x x x x Extracts x x x x x Clarification to deal with difference in Input Tax Credit (ITC) availed in FORM GSTR-3B as compared to that detailed in FORM GSTR-2A for the period 01.04.2019 to 31.12.2021. - GST - States x x x x x Extracts x x x x x
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