Credit note in gstr 3b

This query is : Open

Querist : Anonymous

Querist : Anonymous (Querist)

15 December 2017 Dear Sir/Madam
We are in business of Transportation, due to some misunderstanding we had raised 1 invoice in the Month of July 2017 under category of Hire Charges and had charged GST and filed GSTR3B of July 2017. After realizing the mistake we raised credit note of the same in the month of September 2017 to the party for same invoice issued in the month of July 2017 and prepared revised invoice in the month of July 2017 under transportation category. Now i am filing GSTR3B for the month of September 2017. As we are in transportation business gst is applicable to service received and they will pay RCM, further we dont have any tax liability in the month of September 2017. Kindly suggest effect regarding Credit Note in GSTR 3B Return as the software is not considering Negative Figures in 3B

Expert : Anonymous

Expert : Anonymous (Expert)

15 December 2017 Credit note cannot be issued in above case, reason being there is no any excess charging of tax.These, is a case of tax wrongly charged and paid to the government.

Further, your customer cannot avail ITC on the basis of your invoice which you have issued in the month of July, if he do so it will become a case of wrong full av-ailment of ITC and subsequent acceptance of credit note will create loss for him as he has to reverse the credit which he has not availed.

Further more, Section 77 is silent over the issue in consideration.

Querist : Anonymous

Querist : Anonymous (Querist)

15 December 2017 But what about IGST Output adjusted/paid in the month of July 3B Return? How can i get it back as invoice issued in July was subsequently cancelled and revised invoice transportation was issued to him

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