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What can i do...???!!!

S ELAVARASI (ACCOUNTANT) (2975 Points)

22 June 2018

As per GST we can/must avail the ITC based on GSTR 2A. But., I / We purchased from multiple supplier also they are genuine suppliers.

But, they can't file his GSTR 1 returns some of the months...

But.,

I / We take the ITC based on Invoices. Also the GSTR 3B is monthly based from July-17 before filing of GSTR 2A (GSTR 1 by Supplier). Then

What are remedy for the mismatches...?

Why I loss my ITC...? if I avail the ITC based on law then what are penalize to the Supplier... Why the punishments (about ITC) to me...?

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10 Replies

Dhirajlal Rambhia (SEO Sai Gr. Hosp.) (177713 Points)
Replied 22 June 2018

That is the main defect in ITC rollover in GST.........You are suppossed to trust your supplier that he will pay the amount as a good trader, but ...... So take care of selecting a genuine supplier !!!

Government has not received GST paid by you to supplier, as supplier did not file GSTR 1 and/or the tax, so how the goverment can give you your claim ....

2 Like

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Satheesh Kumar R (Student) (155 Points)
Replied 22 June 2018

Sir, I can be perfect but how I can insist others to be perfect...More over it is very difficult to select a genuine supplier...The only solution is we can allow ITC based on invoice and GSTN number of supplier.Now the responsibility should transferred to supplier and the department can easily trace him.once he failed to file his return instantly department should issue notice with maximum amount of penalty.The genuine tax payer should not affect at any cost.

4 Like

Dhirajlal Rambhia (SEO Sai Gr. Hosp.) (177713 Points)
Replied 22 June 2018

Correct......... Good suggestion.....

As per the demand of the Chambers, CBEC will have to amend the rules.....

2 Like

RAJA P M ("Do the Right Thing...!!!") (128091 Points)
Replied 22 June 2018

Yes... I agreeed with both of the views...

The Main Mistake by CBEC* is GSTR 1 from July-17 to April-18 and the Quarterly return...

Bcoz, We are declare the ITC and Liability in GSTR 3B. But, ITC available based on GSTR 2A. The GSTR 2A available after filing GSTR 1 return by our supplier...

So, Mismatch start from GSTR 1 return filing Date...

My suggestion to CBEC** as

They can give relaxation for the above said periods based on Invoices (inward) in the Hands of Taxpayers...

3 Like

Dhirajlal Rambhia (SEO Sai Gr. Hosp.) (177713 Points)
Replied 22 June 2018

Yes, Whatever be the way, innocent taxpayer should not be penalised for no fault of his own..

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RAJA P M ("Do the Right Thing...!!!") (128091 Points)
Replied 22 June 2018

Yes... Sir..

But, Some relaxation want Taxpayers and Consultants based on the CBEC's mistake (Not ready for the returns as per MGL)...
😊😊😊😊😊

2 Like

S ELAVARASI (ACCOUNTANT) (2975 Points)
Replied 24 June 2018

Thank you for the Suggessitions Sir...

But, It's not for me....

How can I short out the above said Issues...?

1 Like

Dhirajlal Rambhia (SEO Sai Gr. Hosp.) (177713 Points)
Replied 24 June 2018

Request (in writing) the suppliers to file required returns, and if they don't concede your request file complaint with your Jurisdictional Commercial Tax Officer, alongwith copies of your request letters to suppliers (to pay tax and file returns)..

Hope the matter will be solved by department, at earliest.....

2 Like