ITC claimed
SELVA (Tax Consultant) (136 Points)
13 October 2019
I took the ITC in GSTR 3B 6 months before, but the same not in GSTR 2A till now. If so, what should I do?
prasad Nilugal
( GST Practitioner & Accounts )
(14546 Points)
Replied 13 October 2019
1) Write a letter to supplier to upload Invoice and file GSTR 1 .
2) Also for claiming ITC you have fulfill all conditions in Section 16(2) of the CGST act 2017 .
SELVA
(Tax Consultant)
(136 Points)
Replied 13 October 2019
Pankaj Rawat
(GST Practitioner)
(55047 Points)
Replied 13 October 2019
SELVA
(Tax Consultant)
(136 Points)
Replied 13 October 2019
prasad Nilugal
( GST Practitioner & Accounts )
(14546 Points)
Replied 13 October 2019
What is the Invoice Date ?. Supplier must issue Invoice with your correct GSTN no .
SELVA
(Tax Consultant)
(136 Points)
Replied 13 October 2019
Shivam RC
(Student)
(23683 Points)
Replied 14 October 2019
prasad Nilugal
( GST Practitioner & Accounts )
(14546 Points)
Replied 14 October 2019
In your case supplier has not mentioned GSTN number on Invoice and uploaded in B2C category in GSTR 1 ,So even if supplier mentioned your GSTN number ,on Invoice now ,he has to amend form B2C toB2B on GSTN portal but if he is monthly filler of GSTR 1 then it is not possible now because amendments for F.Y 2018-19 has been looked on GSTN portal from 11/10/2019 for monthly fillers and your Invoice dt 4/2/2019 pertains to F.Y 2018-19 , if your supplier is quarterly filler then possible up to 31/10/2019.
jayendra Gaonkar
(Asst. Manager)
(216 Points)
Replied 14 October 2019
Yes, i agree with Mr. Prasad. However, if your supplier fails to do so. Send them a debit note including 24% interest from the date of availing ITC to the date of payment by you. Also, from october onwards a person shall not avail more then 20% ITC if not reflecting in GSTR 2A. please see below:
Sub-rule (4) has been inserted under rule 36, which put conditions to avail input tax credit. The new rule says, an input tax credit availed by the taxpayer on the invoice and debit notes shall not exceed more than 20%, then that of appearing in GSTR 2A return.
In other words, the recipient of goods or services can avail only 20% Input tax credit on inward supplies if they are not appearing in GSTR 2A.
For eg. The receiver has Input tax credit invoices amounting to Rs. 5 lakh. However, the supplier has uploaded invoices of only worth Rs. 3 lakh. Therefore, in this case, the recipient can avail input tax credit of Rs. 3.60 lakh only, although he as invoices of Rs. 5Lakh.
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