Tax Management India. Com
                        Law and Practice: A Digital eBook ...

Category of Documents

TMI - Tax Management India. Com
Case Laws Acts Notifications Circulars Classification Forms Manuals SMS News Articles
Highlights
D. Forum
What's New

Share:      

        Home        
 
Discussions Forum
Home Forum Goods and Services Tax - GST This
A Public Forum.
Anyone can participate to share knowledge.
We acknowledge the contributions of Experts/ Authors.

Submit new Issue / Query

← Previous Next →

ITC ELEGIBILITY ONLY IF AVAILABLE GSTR-2A, Goods and Services Tax - GST

Issue Id: - 114711
Dated: 4-3-2019
By:- SAFETAB LIFESCIENCE
ITC ELEGIBILITY ONLY IF AVAILABLE GSTR-2A

  • Contents

Dear Experts,

We have received a letter from GST range seeking clariification for the variation between our GSTR-3B and GSTR-2A. Some of the suppliers have not uploaded their bills and every one aware that this difference is due to suppliers non uploading only. But we have pucca GST paid bills.

At this stage, we want to know whether we are eligible to take ITC only if it is displayed in 2A compulsorily and is it mandatory. What we can do if our party is not uploading their bills. Is there any rules or notification are there stating only and only we can take ITC if available in GSTR-2A only.

Post Reply

Posts / Replies

Showing Replies 1 to 4 of 4 Records

1 Dated: 4-3-2019
By:- KASTURI SETHI

Uploading invoices by the supplier is not the basic condition. It is not mandatory. Section 16 of CGST Act does not talk of such condition. Also read the following:--

C.B.I. & C. Press Release No. 62/2018, dated 18-10-2018

4. It is clarified that the furnishing of outward details in FORM GSTR-1 by the corresponding supplier(s) and the facility to view the same in FORM GSTR-2A by the recipient is in the nature of taxpayer facilitation and does not impact the ability of the taxpayer to avail ITC on self-assessment basis in consonance with the provisions of section 16 of the Act. The apprehension that ITC can be availed only on the basis of reconciliation between FORM GSTR-2A and FORM GSTR-3B conducted before the due date for filing of return in FORM GSTR-3B for the month of September, 2018 is unfounded as the same exercise can be done thereafter also.

As per Section 155 of CGST Act, 2017 the burden of proof is cast upon the person who claims ITC.

As per Section 43 A (6) of CGST ACT both are jointly and severally liable to pay or to pay ITC.

The supplier is also statutorily bound to file returns under Section 39 wherein he is to mention details of all invoices.


2 Dated: 4-3-2019
By:- Ganeshan Kalyani

The input tax credit taken by the buyer is on self assessment basis. There is no compulsion as of now to match the invoice appearing in GSTR-2A with the details uploaded by the supplier in his GSTR-1. However, as rightly said by Sri Kasturi Sir, the onus of claiming the credit is upon the buyer. Also, both buyer and supplier is jointly and severely responsible for the input tax credit in the sense that if GST is paid by the supplier and the details are uploaded in GST portal the credit becomes eligible to the buyer. The new return format is going to come from 01.04.2019 wherein the credit would be autopopulted in the return which is based on the invoice uploaded by the supplier. After trail month it will be made compulsory that only such credit which is populating in the return would be eligible for the buyer to claim.However, presently there is no such restriction of the buyer to claim credit only if it is appearing in his GSTR-2A.


3 Dated: 4-3-2019
By:- PAWAN KUMAR

Dear Sir,

as per my view, since itc being claimed on self assessment basis, the condition prescribed in the section 16(1) should be complied with :

-GST should be paid by supplier - In this provisions, all output invoices must upload on Portal so as to correctly estimate the GST liability and paid taxes.

-GST return should be filed by supplier - As per this provision, return should be filed for the taxes paid.

The press note dated 18.10.2018 was issued to clarify the aspect that in trade it was being communicated that ITC if not reconciled with 2A and 3B, one cannot take ITC. The CBIC released the press note to clarify that even if reco not done, claim will not impact. you may claim itc subject to condition of section 16 which now prevails and exists. Even some of the trade has been issued notice that their respective supplier has not filed returns for certain period and also not paid the due GST.


4 Dated: 6-3-2019
By:- KASTURI SETHI

Dear Querist, I stick to my views.


1

Post Reply

← Previous Next →

|| Home || About us || Feedback || Contact us || Disclaimer || Terms of Use || Privacy Policy || Database || Members || Refer Us ||

© Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.
|| Blog || Site Map - Recent || Site Map || ||