Section-16 of GST Act

This query is : Resolved

Jay Raj (Querist)
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31 October 2021 Is a Supplier eligible to pass on ITC to a Recipient if he has filed his return (GSTR-1) under Section-39 but has not really filed his GSTR3-B and not yet paid tax. Does Section -16 provides scope for both the scenarios ?

'Section-16. (1) Every registered person shall, subject to such conditions and restrictions as
may be prescribed and in the manner specified in section 49, be entitled to take credit of input
tax charged on any supply of goods or services or both to him which are used or intended to
be used in the course or furtherance of his business and the said amount shall be credited to
the electronic credit ledger of such person.
(2) Notwithstanding anything contained in this section, no registered person shall be
entitled to the credit of any input tax in respect of any supply of goods or services or both to
him unless,––
(a) he is in possession of a tax invoice or debit note issued by a supplier registered
under this Act, or such other tax paying documents as may be prescribed;
(b) he has received the goods or services or both.
Explanation.—For the purposes of this clause, it shall be deemed that the
registered person has received the goods where the goods are delivered by the supplier
to a recipient or any other person on the direction of such registered person, whether
acting as an agent or otherwise, before or during movement of goods, either by way of
transfer of documents of title to goods or otherwise;
(c) subject to the provisions of section 41, the tax charged in respect of such
supply has been actually paid to the Government, either in cash or through utilisation
of input tax credit admissible in respect of the said supply; and
(d) he has furnished the return under section 39:

CA Altamush Zafar

CA Altamush Zafar (Expert)
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31 October 2021 Your query is not clear as to what you want to ask.
The recipient will not be eligible for ITC even if it is showing in GSTR-2A but GSTR-3B is not filed by the supplier.