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

[sivarama krishna]

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?

Posts / Replies

[Bill Bohm]

Dear Sethi Sir,

Thank you for your valuable inputs. Really very helpful.

My situation is: I received a supply from seller in Sep 2020 with GST invoice. I accounted the same in my GSTR 3B. The seller did not file my invoice in GSTR-1. After much dispute, now, in Feb 2021, he refunded my entire bill amount and asked me to return the supply. I returned the goods and received refund.

The ITC claimed by me in 3B for Sep 2020 purchase was filed on 24 Oct 2020. I never utilized "this ITC" until i filed 3B for Dec 2020 on 10 Jan 2021.

Now, how do i reverse "this ITC". Should i file DRC 03 under Voluntary Payment or ITC Mismatch in 2A/3B or ITC Mismatch in 1A/ 3B?

Also, 24% interest applicable from 24 Oct 2020 till date OR 10 Jan 2021 (date of utilizing "this ITC") till date?

Kindly help Sir.

Thank You in advance.

[KASTURI SETHI]

Mr.Bill Bohm,

You are to reverse under Table No.4 against serial no. (B) (2)-------Others of GSTR 3B and NOT through DRC-03.

Interest is to be paid in cash through Electronic Cash Ledger. In my interest is to be paid for the period ITC has been utilised.

This is my view. Other experts may differ.

[Bill Bohm]

Dear Sethi Sir,

Thank you so much for taking the time and replying.

Your opinion sounds very logical & practical - Thank you Sir.

Kind Rgds.

[KASTURI SETHI]

Dear Bill Bohm, Thank you very much. It gives me immense pleasure when the querist is satisfied with my interpretation, analysis and conclusion .I reply only when I am fully satisfied with the correctness of legal interpretation. Difference of opinion is always there. You see that even in the same court and in the same bench two judges do not agree and the matter is referred to third bench.