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INPUT TAX CREDIT RELATED

pratik sanjay mohadikar (accountant) (93 Points)

01 November 2020

Hi
our Client has purchase bill on which he had paid 18K gst

he comes to notice that supplier has not filled the gstr3b returns from 1819 to till date, but they are filling GSTR 1 on regular basis. In his 2A input is also showing.

my question is, is our client have to take worry in this. he can see his input

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5 Replies

prasad Nilugal (3914 Points)
Replied 01 November 2020

As per section 16(2)(3) of the CGST act 2017 , Supplier must pay GST collected from you to Govt account to avail Input Tax credit .

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Pankaj Rawat (GST Practitioner) (55052 Points)
Replied 01 November 2020

Yes , this is big flaw in Return Filing system in GST & it cannot be flawless unless the matching system the core base of GST is implemented (GSTr 1,2,3) .

Yes ofcourse your client should worry because in term of Section 155 of CGSt act the burden of proving ITC claimed is on the Recepeint. so if the Supplier is not filing his GSTR 3b , that means he is not depositing the tax collected . so ultimately the Recepeint who is liable to deposit with Interest.

Bhavika Kothari (CA) (1258 Points)
Replied 06 November 2020

If supplier is not filing GSTR-3B means he is not paying the liability which he is collecting from your client. In this case if your client has paid to the supplier and he has a proof of it then there is no need to worry

Ramanamurty Penumarti (70 Points)
Replied 07 November 2020

Yes, if you have the invoice with you,no need to worry.

Pankaj Rawat (GST Practitioner) (55052 Points)
Replied 09 November 2020

as per section 16 of CGST Act , one of the condition is to claim ITC is Supplier has deposited the tax & if he is not Filing GSTR 3B that means he has not deposited the tax , hence need to be reversed.

Note : Kindly refer the rule 36(4) of CGST act also.