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Question ID : 36880

ITC Claiming on Invoice Basis

Can i claim ITC if i have a valid Invoice in may hand but invoice is not showing in GSTR-2A , because how i can get information that when my supplier has paid tax and filed his outward return...??

Posted by Satyendra Bhana on Dec 05, 2018

Filed Under GST

Answer ID : 76036

Yes, You can take Input on valid Invoice initially. But your Supplier must show it in his GST return otherwise you have to pay Input as Output in Future. Refer Sec43 of CGST Act for more detail. But as per ruling of Supreme Court in earlier Indirect tax law it is not ethical from the innocent buyer & input should not be reversed.

Posted by Tushar Goyal on Dec 05, 2018
Answer ID : 76038

Dear Satyendra Bhana Just having a valid invoice will not make hold good. GSTR 1 filed by your supplier will be auto populated in your GSTR 2A. So you cannot take a stand that how could i know my supplier has filed GSTR 1 outward return. Currently there is no GSTR 2, else you could have uploaded your purchase and your supplier has accepted the same. Now you can claim ITC in Form 3B. If you have doubt regarding GST ITC, better you hold GST amount of your supplier and don't pay him the GST money, see that the holding period does not exceed 180 days. Further I am pasting an extract of Press release 18.10.2018 regarding Last date to avail input tax credit in respect of invoices or debit notes relating to such invoices pertaining to period from July, 2017 to March, 2018 In fourth para following is stated : - It is clarified that the furnishing of outward details in FORM GSTR-1 by the corresponding supplier(s) and the facility to view the same in FORM GSTR-2A by the recipient is in the nature of taxpayer facilitation and does not impact the ability of the taxpayer to avail ITC on self-assessment basis in consonance with the provisions of section 16 of the Act. The apprehension that ITC can be availed only on the basis of reconciliation between FORM GSTR-2A and FORM GSTR-3B conducted before the due date for filing of return in FORM GSTR-3B for the month of September, 2018 is unfounded as the same exercise can be done thereafter also.

Posted by RAJESH RAMNAIN TIWARI on Dec 06, 2018
Answer ID : 76048

Yes, Government has not implemented invoice matching. But considering that inward supplies not appearing in 2A and found not to match with credit claimed in 3B will be highlighted in Annual Returns, it is advisable to seek alternate confirmation from the supplier about this fact - that tax on the said invoice number(s) has/has not been paid to Government. And also collect some form on indemnity to this effect. But, please don't omit to claim this credit (being otherwise eligible) as credit omitted from the returns cannot be got back after the date specified in 16(4).

Posted by CA. JATIN CHRISTOPHER A on Dec 10, 2018
Answer ID : 76059

You can always claim input credit even though non filing of return by supplier in Form 3B. Sooner or later, supplier will file return and will reflect in your Form 2A.

Posted by Dhanesh Mehta on Dec 12, 2018