ITC Credit claime on Import of Machine, Goods and Services Tax - GST

[InderMohan Singh]

My client is manufacturer of chemicals and purchased machine from other country registered under GST Act. My client has Bill of entry declaring value of machine and IGST thereon. My query is that can we avail IGST credit in above case as in GSTR-2A value of IGST not shown

Posts / Replies

[KASTURI SETHI]

What is the period involved ?

[Ganeshan Kalyani]

In one of my case, the proper officer had allowed the credit basis Bill of Entry copy. The IGST was not appearing in GSTR-2A.

[KALLESHAMURTHY MURTHY]

Sirs,

I agree with the views of Sri Ganeshan Kalyan ji. 

[KASTURI SETHI]

Dear Sir,

The period involved is crucial.

 

[KALLESHAMURTHY MURTHY]

Respected Sir, 

The period also counts. 

But assuming the query, the claim is within the time, IGST can be availed, though not reflected in GSTR-2A based on the payment made as per Bill of Entry. In some cases, it was allowed.

[KASTURI SETHI]

Sh.Kalleshamurthy Murthy Ji,

Sir, I fully agree with you.

What I intend to say if the period involved is 17-18, then the demand for reversal of IGST on the ground of non-reflection in Form GSTR-2A will be clearly out of the scope of mismatch of figures between GSTR-3B and Form GSTR-2A since 2 A was made operational in September, 2018.There is no doubt about case-laws, circulars and public notices which can tilt the issue in favour of tax payer.

It is worthwhile to mention here that just two days ago I have received one such case on the same issue for the period 17-18. The SCN was issued in a hurry and demand of reversal of ITC (IGST) has been confirmed along with interest and penalty in a hurry.

When 2A was not in force in 2017-18, how mismatch ?

[KALLESHAMURTHY MURTHY]

Respected Sir,

The authority concluded the order was erred. The Bill of Entry is proof of payment of IGST. The availment of the same cannot be rejected on the grounds that it was not reflected in GSTR-2A. The said payment would not reflected in GSTR-2A. So, the mismatching question does not come in the way. I have seen a case allowed in such circumstances relating to the period 2017-18 during 2022 itself.

Thanking you Sir.

[KASTURI SETHI]

You are absolutely right, Sir.

[KALLESHAMURTHY MURTHY]

Thank you very much, Sir.

[Padmanathan KV]

There was some circular also stating ITC can be availed on the basis of Bill of Entry since some of the Ports are still not linked to online portal and hence, that could be a reason for non-reflection in GSTR-2A. 

[KASTURI SETHI]

Refer to Board's Circular Nos.183/15/2022-GST dated 27.12.22 and 193/05/2023-GST dated 17.7.23.

The Circulars allow to take ITC on the physical copy of assessed Bill of entry. The conditions mentioned therein have to be followed.

[KASTURI SETHI]

In this context, also go through Public Notice No.80/17 issued by Commissioner Customs Nhava  Sheva. Para No.8 is extracted below :

"8. IGST Availment in case of Manual Bill of Entry : Since all the validation related to IGST refund or flow of IGST credit would happen electronically between Customs EDI and GSTN, it is imperative here that the required data is captured electronically without fail for all the imports and exports whether or not they are made through EDI locations. In case of EDI locations, Board has issued instructions vide F.No. 401/81/2011-Cus III dated 2nd June 2017 wherein it is envisaged that any manual bill of entry or shipping bill in EDI locations need to be filed following the procedure laid out in the above instructions"

[Shilpi Jain]

The requirement for appearance in GSTR-2A or 2B is only w.r.t. invoices and not BoE. Hence, even if BoE is not appearing in these statements, credit can be availed if all the other conditions for being eligible for credit under law are satisfied.