Gst


(Querist)
21 July 2019
n the financial year 2017-2018 and the month of september2017 , I upload a invoice serial no is 1 to the gst portal but by mistake i tick the supply under reverse charge in the gstr1. the supply is made to the registered person. the 3B RETURN of this month is filed correctly. the amount of invoice is also very large, the tax on this invoice is 350000. the recepient take the credit also in gstr 3B , so what can i do ? both the party not filed there annual return till now.


CA Anita Bhadra (Expert)
21 July 2019
There should not be any problem . Since annual return is based on taxes paid ( GSTR 3B ) and you had filed 3B correctly .

Both the party should mention the correct type and details( forward charges & not under RCM table ) in GSTR 9

praneet (Querist)
22 July 2019
Your Request ID 201907222290309 has been resolved.
Thank you for writing to us at CBIC Mitra Helpdesk.

We received your support request, and we understand that you have shown the details under RCM head instead of B2B in GSTR-1 for 2017-18 financial year and your counter party is already take the ITC.

We would like to inform you that As per Order No. 02/2018-Central Tax dated 31st December 2018, a registered person is entitled to take input tax credit (ITC) after the due date of furnishing of return for September, 2018 till the due date of furnishing of return for March, 2019 for any invoice or invoice related to such debit note (the details of which had been uploaded by the supplier) for supply of goods and/or services made during the financial year 2017-18.

Important: Rectification of errors or omissions in the details furnished shall be allowed after furnishing the return for the month of September, 2018 till the due date for furnishing details for the month of March, 2019 (or for the January, 2019 to March, 2019 quarter).

For more information, click:

http://www.cbic.gov.in/resources//htdocs-cbec/gst/ROD_2%20of%202018_CT_English.pdf

Further, your counter party need to reverse the ITC with 24% annual interest through DRC-03 form while filling GSTR-9 annual return.

https://tutorial.gst.gov.in/userguide/demandsandrecovery/index.htm#t=Manual_GST_FORM_DRC-03.htm, madam cbic officails have also replied to my query please help

CA Anita Bhadra (Expert)
22 July 2019
They are saying the same thing in law's language .
What I understood by your query that you are the supplier , you had paid tax correctly thru Form 3B and your recipient paid the amount to you and claimed ITC . Only error from your side is that while filing GSTR1 , you tick the RCM coloum .
In my opinion , it will not effect your Annual return . Your counter party need to reverse ITC only if they had made mistake in their Form 3B , avail ITC as payment under RCM .




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