Some of the Sellers from whom i made Purchases have filed their GSTR-1 regularly but not yet filed their 3-B Returns.
I received notice from GST Dept telling me that under Sec 16 sub section 2 (c), ITC on such purchases are not eligible, as tax is not actually paid by sellers as they have not yet filed their 3-B
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Not eligible for ITC
Replies (5)
Yes they are right. That will make the credits ineligible at your end
How can we sure about their filing ? in GSTR2B ,can we see that whether they file GSTR3B or not ??
In this case it seems that the supplier hasn't file GSTR-3B altogether
Yes Sir. They haven't filed any of their 3-B as i checked it out on gst website. One of them have even been moved to NCLT and declared insolvency, after filing GSTR-1
It's very unfortunate but legally your position is at disadvantage
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