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ITC CREDIT

10 March 2019

if i have correct tax invoice containing gst and i have taken the ITC also.but the seller has not filed gstr1 that why i m not getting in my GSTR 2A. In this case what should i do.shall i have to reverse the itc taken??

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5 Replies

CA Shikha Sharma (Ceo) (3869 Points)
Replied 10 March 2019

Check if the seller is registered with gst portal or not

ilika estates (18 Points)
Replied 10 March 2019

seller is registered

Pankaj Rawat (GST Practitioner) (55057 Points)
Replied 10 March 2019

Actually as per Law & Section 155 of CGST Act :
if the Supplier fails to deposit the Tax the Recepient is liable to deposit the same (He cannot claim ITC)

And as per Section 38 CGST the Details for Inward supply & Section 39 cGST Act the details of Outward & Inward supply & any Tax liability arising Has to deposit the Same (The monthly Returns) But as the return for GSTR 2, &3 have not been Implemented till date , so the recipient is unable to Know whether his supplier has deposited the Tax or Not .

Hence , as per My practical Experience with Department in this regard , it's wholly on Jurisdiction Officer that whether to Reverse the ITC of Invoice not reflected in GSTR 2A .
Many time the officer Get satisfied by providing him Original copy of Bill with Material reced. proof & allowing us to take credit even if it is not reflected in 2A

So ... it's on your Jurisdiction Officer & your Lawyer/CA that how he presents the case before the officer

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