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eligibility of ITC on invoices which are not uploded by the supplier, Goods and Services Tax - GST

Issue Id: - 116066
Dated: 25-2-2020
By:- sivarama krishna
eligibility of ITC on invoices which are not uploded by the supplier

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Sir,

The supplier not uploaded the invoices in GSTR-1 return and the credit is not populated in the GSTR-2A return of the purchaser. But the purchaser claimed ITC on the purchase invoices without getting credit in GSTR-2A return. Is it correct?. Is the purchaser eligible to claim ITC on the purchase invoices, even though those invoices were not uploaded in the GSTR-1 return by the supplier?

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Showing Replies 1 to 10 of 10 Records

1 Dated: 26-2-2020
By:- KASTURI SETHI

Go through Rule 36(4) of CGST Rules, 2017 which is as follows:-

[(4) Input tax credit to be availed by a registered person in respect of invoices or debit notes, the details of which have not been uploaded by the suppliers under sub-section (1) of section 37, shall not exceed [10 per cent.] of the eligible credit available in respect of invoices or debit notes the details of which have been uploaded by the suppliers under sub-section (1) of section 37.].

Better option is to persuade the supplier to upload invoices.


2 Dated: 26-2-2020
By:- KASTURI SETHI

Suppose invoices meant for January, 20 are uploaded in March, 20 by the supplier, the same will be reflected in January, 20. It is understood that late fee will be paid by the supplier for filing late.


3 Dated: 27-2-2020
By:- sivarama krishna

SIR,

I wants know clearly whether the purchaser is eligible to claim ITC on the invoices which were not uploaded by the supplier in GSTR-1 and not reflected in GSTR-2A of the purchaser.


4 Dated: 27-2-2020
By:- KASTURI SETHI

In simple language and for your easiness you will get only 10 % . If you want full credit, persuade your supplier to upload all the invoices.


5 Dated: 29-2-2020
By:- sivarama krishna

Thanq sir. What about ITC (not reflected in GSTR-2A) on purchaes made before October 2019. Is the purchaser eleigible to claim ITC on the purchaes made before October 2019 which are not reflected in GSTR-2A ?. plese clarify


6 Dated: 29-2-2020
By:- KASTURI SETHI

Yes. ITC can be taken in respect of invoices pertaining to the period prior to October, 19. Persuade your supplier to upload the same at the earliest. Your suppliers may be committing some error. When an invoice is correctly uploaded on the common portal ITC will be reflected in 2A. It will be reflected in that particular month i.e. the month in which invoice is issued.

Time limit for availment of ITC

Should be earlier of the two factors :

1. Filing of return under Section 39 for the month of September following end of the financial year i.e. For 18-19 by October, 20 (September return GSTR 3B)

2. Filling of Annual Return.

First option is earlier.


7 Dated: 1-3-2020
By:- sivarama krishna

Sir,

I wants to know the eligibility of ITC on purchases made before October 2019. The supplier not uploaded the invoices in GSTR-1 for the month October 2017 by intention or negligence, is the purchaser eligible to claim ITC on those invoices Which are not uploaded by the supplier till date?

example: The taxable person purchased goods in October 2017 and claimed ITC, the supplier not at all uploaded the invoices in his GSTR-1 return till date. The tax department issued notice to the purchaser that he is not eligible to claim ITC on those invoice which were not uploaded by the supplier in GSTR-1 and orders given to the purchaser to pay tax on those wrong availment of ITC .

which is correct?

1. Is the purchaser is eligible to claim ITC on the purchases ( made in October 2017 ) and the supplier not uploaded the invoices in GSTR-1 return till to date.

2. Is it correct that the issuing of notice by the tax department to the purchaser to pay the tax on claim of ITC on the purchase invoices which were not uploaded by the supplier in GSTR-1 return for the month October 2017( The supplier not uploaded the invoices till date)

Please clarify that whether the purchaser eligible to claim ITC on the purchase invoices relates to October 2017 which are not uploaded by the supplier in GSTR-1 return till date and the supplier not filed GSTR-9 return.


8 Dated: 1-3-2020
By:- KASTURI SETHI

Answer to Question no.1 is NO. Question No.2 Yes. The department is legally correct. You cannot claim ITC for October, 17 now. It is hit by time limit.


9 Dated: 1-3-2020
By:- sivarama krishna

Thanq sir, Thanq very much for spare your valuable time to clarify the doubts

please clarify that

The purchaser purchased goods in October 2017 and claimed ITC in October 2017 GSTR-3B return . There is no delay in claiming ITC by the purchaser. But the supplier not uploaded the invoices in GSTR-1 return for that month. Is it correct to claim ITC on invoices which were not uploaded by the supplier in GSTR-1 during the above period.


10 Dated: 1-3-2020
By:- KASTURI SETHI

If your supplier uploads invoices for Oct., 17 in March, 2020 while filing GSTR-1 for Feb, 20, ITC will be reflected in 2A. You will be able to use the same. It will not be time barred as you have already taken credit provisionally in GSTR-3B for October, 17.


1

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