ITC on the invoices issued by a GST Registered Supplier who files his return after two years
This query is : Open
06 August 2024
This might sound very stupid question to ask but it underlines two primary concerns:
1. GST Department never waives tax liability once instated, sooner or later, they are to be paid
2. When such liabilities are recovered, does govt allow the related ITC to be claimed by the customers of the defaulting suppliers.
3. ABC Co bought goods from XYZ Co vide invoice dated 30.03.2022. As the later did not file its returns and did not pay the taxes, ABC Co couldn't claim ITC by 30.09.2022 for the said invoice. However, in July 2024 XYZ Co has paid all its taxes and filed the returns, will ABC Co be albe to claim ITC now? May be not. But CAN ABC Co, on the basis of the fact that XYZ Co is a defaulter, claim the GST Back from XYZ Co in a legal manner backed by GST Act.
4. Is there any measure in GST Act to safeguard the interests of the buyers so that they do not suffer from such ITC Losses
Please help
1. GST Department never waives tax liability once instated, sooner or later, they are to be paid
2. When such liabilities are recovered, does govt allow the related ITC to be claimed by the customers of the defaulting suppliers.
3. ABC Co bought goods from XYZ Co vide invoice dated 30.03.2022. As the later did not file its returns and did not pay the taxes, ABC Co couldn't claim ITC by 30.09.2022 for the said invoice. However, in July 2024 XYZ Co has paid all its taxes and filed the returns, will ABC Co be albe to claim ITC now? May be not. But CAN ABC Co, on the basis of the fact that XYZ Co is a defaulter, claim the GST Back from XYZ Co in a legal manner backed by GST Act.
4. Is there any measure in GST Act to safeguard the interests of the buyers so that they do not suffer from such ITC Losses
Please help
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