Asmt 10

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This discussion addresses a GST ASMT 10 notice concerning a mismatch between input tax credit (ITC) claimed in GSTR-3B and reflected in GSTR-2A. The assessee has all necessary invoices but needs guidance on replying to the department. Key points for the reply include satisfying Section 16(2) conditions, arguing that ITC availability doesn't solely depend on GSTR-2A reflection (especially pre-October 2019), and considering proposed amendments. A thorough reconciliation of ITC as per books versus GSTN 2B is also recommended to identify supplier upload issues and potential recovery of GST amounts.

MAKARAND DAMLE

MAKARAND DAMLE (Querist)

23 July 2021 Notice received GST ASMT 10 for the period July 17 to Mar 18
Input Credit taken as per GSTR 3B is Rs.67,84,224/- and available as per GSTR 2A is Rs.62,47,040/-. Difference of Rs.5,37,184/-
Assessee has all required purchase invoices from which ITC credit in GSTR 3B was taken

In the circumstances my question is what reply should be submitted for the mis-match ?

CS Advocate Abhishek Goyal

CS Advocate Abhishek Goyal (Expert)

24 July 2021 reply should be submitted on the following points: 1. all conditions u/s 16(2) satisfied, 2. ITC does not depend upon reflection of the same in 2A as the law standing during the period under consideration nowhere mentions the same in view of the fact that rule 36(4) was inserted only somewhere around oct 2019 and not with retrospective effect , 3. proposed amendment in section 16 has not yet been notified, 4. quote relevant case laws do a bit of research on the subject matter.

CA Rashmi Gandhi

CA Rashmi Gandhi (Expert)

25 July 2021 Have drafted format , ping me on my what's app I will provide you draft. Mobile is provided to you in message.

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MAKARAND DAMLE

MAKARAND DAMLE (Querist)

25 July 2021 Dear CA Rashmi Gandhi
Cannot locate your mobile number
Please provide

CA Rashmi Gandhi

CA Rashmi Gandhi (Expert)

25 July 2021 I already message you , check your inbox.

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Aashok Kumar Sharma online

Aashok Kumar Sharma

(Expert)

26 September 2021 Also do a full recon of ITC as per books vs GSTN 2B. We have to find out which suppliers have not uploaded the Invoices and have a followup of the same or get back the GST Amount of the same. We also have to see the timelines here.

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