Reversal of ITC on non-payment to vendors within 180 days



Quick Summary
Under GST law, businesses can claim Input Tax Credit (ITC) on purchases. However, if a business fails to pay its vendors for supplies and the associated tax within 180 days of the invoice date, they must reverse the ITC they claimed. This reversal is mandated by Section 16(2) of the CGST Act and Rule 37 of the CGST Rules. While there have been discussions about removing the interest component for non-payment, it remains in effect. The article clarifies that ITC can be re-availed once the payment is made to the supplier.

Table of Contents Background ITC reversal on non-payment towards vendor invoices within 180 days-proviso/ rule and changes therein Authors Comments Relevant decision in the context of the said proviso Analysis and conclusion Conclusion Background Under the GST law, th
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FAQ :

GST Rule 37 outlines the process for reversing Input Tax Credit (ITC) when a registered person fails to pay the value of supply plus tax to their vendor within 180 days from the invoice date.

If payment is not made within 180 days of the invoice date, the business must reverse the ITC availed on those supplies, along with applicable interest.

Yes, a business is entitled to re-avail the ITC once the payment for the supply and tax is made to the supplier.

The rule generally applies to most supplies. However, it's noted that the 180-day payment rule is not applicable to Reverse Charge Mechanism (RCM) cases where the recipient is liable to discharge the tax.

From 1st October 2022, amendments clarified that payment should be proportionate to the amount not paid to the supplier, and the reversal of ITC should be done along with interest.


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About the Author

Specialized in Indirect Taxes

Partner of HNA Co LLP[Formerly Hiregange Associates LLP], in practice for over 15 years GST end to end compliance services with focus on resolving issues under GST law and procedural aspects. Providing Advisory services to clients from varied sectors in GST with focus on optimisation of taxes and cost savings. Su ... Read more

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