Section 42 and 43 of what of GST act what say

This query is : Resolved

Report Abuse Follow Query Ask a Query

Daya

Daya (Querist)
Follow

16 May 2022 section 42 and 43 of CGST act what say.

Asha Kanta Sharma

Asha Kanta Sharma

(Expert)
Follow

11 July 2024 Certainly! Sections 42 and 43 of the Central Goods and Services Tax (CGST) Act, 2017 in India pertain to the reconciliation and matching of input tax credit (ITC) between suppliers and recipients. Here’s an overview of each section:

### Section 42: Matching of details

Section 42 of the CGST Act focuses on the **matching of details** furnished by the supplier with those furnished by the recipient. Here are the key provisions:

1. **Purpose**: The section aims to ensure that the ITC claimed by the recipient is based on the details of outward supplies furnished by the supplier.

2. **Reciprocal Matching**: Details of outward supplies furnished by the supplier in their GSTR-1 (monthly or quarterly return) are matched with the details of inward supplies furnished by the recipient in their GSTR-2A (auto-populated return).

3. **Communication of Discrepancies**: Any discrepancies between the details furnished by the supplier and those reflected in the recipient's GSTR-2A are communicated to both parties through the GSTN (Goods and Services Tax Network).

4. **Reconciliation**: The recipient has the opportunity to reconcile these discrepancies by taking necessary actions such as accepting, modifying, or rejecting the mismatches.

5. **Impact on ITC**: The recipient's claim of ITC is contingent upon the matching of details. If discrepancies are not rectified within the stipulated time, the excess ITC claimed may be added to the recipient's output tax liability.

### Section 43: Matching, reversal, and reclaim of ITC

Section 43 of the CGST Act complements Section 42 by specifying the procedures for **matching, reversal, and reclaim of input tax credit**. Key points include:

1. **ITC Claim and Matching**: The recipient can claim ITC based on the details automatically matched in their GSTR-2A. If there are discrepancies, the recipient may need to reverse the excess ITC claimed.

2. **Reversal of ITC**: If the ITC claimed by the recipient exceeds the eligible amount based on the details furnished by the supplier, the excess ITC may be added to the recipient's output tax liability.

3. **Reclaim of Reversed ITC**: The recipient can reclaim the reversed ITC once the discrepancies are rectified by the supplier in their subsequent return.

4. **Timely Compliance**: Both suppliers and recipients are required to reconcile their details promptly to ensure accurate reporting and compliance with GST regulations.

### Summary

- **Section 42**: Focuses on the matching of details between suppliers (GSTR-1) and recipients (GSTR-2A) to verify and validate the input tax credit claimed by recipients.

- **Section 43**: Specifies procedures for the reconciliation, reversal, and reclaim of input tax credit based on discrepancies identified in the matching process.

These sections are crucial for maintaining the integrity of the GST system by ensuring that the input tax credit claimed by taxpayers is based on genuine transactions and reported accurately. Compliance with these provisions helps prevent tax evasion and ensures fair implementation of the GST regime. For precise implementation and any recent updates, consulting the GST portal or seeking advice from a tax professional is recommended.