Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding


  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

Can we claim IGST credit for manually filed import Bill of Entry not reflected in GSTR-2B

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... Dear Sir/Madam, Dear Sir/Madam, We have paid customs duty and IGST on the removal of MS scrap from Rigs through a manual Bill of Entry, and the tax was paid online. However, the IGST paid details are not reflected in GSTR-2B due to the manual Bill of Entry not being integrated with the GST portal. We do have a valid Bill of Entry and tax paid challan. Can we claim Input Tax Credit (ITC) .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... against such documents without the IGST being auto-populated, but only through manual entry of IGST in Input table of GSTR-3B . Could you please provide your explanation regarding the above query? Thanking you.., Regards Gowtham - Reply By Amit Agrawal - The Reply = Section 16 (2) (aa) reads as follows: the details of the invoice or debit note referred to in clause (a) has b .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... een furnished by the supplier in the statement of outward supplies and such details have been communicated to the recipient of such invoice or debit note in the manner specified under section 37 ; Section 37 (1) reads as follows: Every registered person , other than an Input Service Distributor, a non-resident taxable person and a person paying tax under the provisions of section 10 o .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... r section 51 or section 52 , shall furnish, electronically, 2 [ subject to such conditions and restrictions and ] in such form and manner as may be prescribed, the details of outward supplies of goods or services or both effected during a tax period on or before the tenth day of the month succeeding the said tax period and such details 3 [ shall, subject to such conditions and restrictions .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... , within such time and in such manner as may be prescribed, be communicated to the recipient of the said supplies ] : It is obvious that subject Bill of entry (i.e. manual or otherwise) will not be reported by anyone in Form GSTR-1 u/s 37 (1) . Furthermore, Bill of Entry (i.e. manual or otherwise) is NOT the invoice u/s 31 but falls under ' such other tax paying documents as may be .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... prescribed ' as per Section 16 (2) (a) read with Rule 36 (1) (d) for availing ITC (i.e. a bill of entry or any similar document prescribed under the Customs Act, 1962 or rules made thereunder for the assessment of integrated tax on imports; ) Summarising above, any Bill of Entry (i.e. manual or otherwise) need not be reflected in Form GSTR-2B for taking ITC because the con .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ditions prescribed u/s 16 (2) (aa) read with Rule 36 (4) does not apply to Bill of Entry. These are ex facie views of mine and the same should not be construed as professional advice / suggestion. - Reply By KASTURI SETHI - The Reply = In this scenario, IGST details will be reflected in GSTR 2B via ICEGATE only. Your substantive right cannot be denied. If you take ITC without reflect .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ion in GSTR 2B you may face problems unnecessarily. Visit jurisdictional Customs office along with original bill of entry and manual challan. Your problem will be solved. Instead of taking risk , talk to the jurisdictional Customs Officer. Taking ITC without its reflection in GSTR 2B , is not safe. Common Portal System has been implemented under Section 146 of CGST Act . So GSTR 2B cann .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ot be ignored. - Reply By Shilpi Jain - The Reply = You could also consider making an intimation letter to the department putting out the facts and enclosing the manual BoE, instead of meeting the officer in this regard. - Reply By Shilpi Jain - The Reply = Also ensure you have a dated acknowledgement for submission of this intimation - Reply By Padmanathan Kollengode - The Reply = I agree .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... with views of expert. You can take credit even without reflection in GSTR-2B . It would be wise to intimate department the facts so that it is put on records. - Reply By SOPL SOPL - The Reply = Thanks to everyone for your helpful responses. - Can we claim IGST credit for manually filed import Bill of Entry not reflected in GSTR-2B - Query Started By: - SOPL SOPL Dated:- 21-4-2023 Goods and S .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ervices Tax - GST - Got 6 Replies - GST - Discussion Forum - Knowledge Sharing, reply post by an expert, personal opinion Tax Management India - taxmanagementindia - taxmanagement - taxmanagementindia.com - TMI - TaxTMI - TMITax .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates