Input tax credit

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This discussion addresses a common GST query regarding Input Tax Credit (ITC) where goods purchased from Maharashtra were delivered within Maharashtra, but the buyer is registered in Gujarat. The supplier incorrectly charged CGST and SGST instead of IGST, as the place of supply is deemed Gujarat. The advice given is that the buyer cannot adjust Maharashtra's CGST/SGST against their Gujarat IGST liability. The supplier must correct the invoice to IGST, or the buyer may have to bear the GST loss, as a declaration is not considered valid proof for GST audit purposes.

Mansi Shah

Mansi Shah (Querist)
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29 September 2020 We have purchase goods from Maharashtra & the same goods received in Maharashtra & we are registered under Gujarat State.

According to POS rules supplier of goods charged CGST & SGST Maharashtra from us but we have not registered office at Maharashtra State .

Q1. We can not adjust CGST & SGST Maharashtra against IGST liability of Gujarat according to rules? What action taken by GST department regarding the same?

Q2.If any one know the rules or notification if any regarding the above matter because we want to avail the credit because of huge amount of ITC, What is the correct way to take these credit?

Lekhraj sood

Lekhraj sood (Expert)
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29 September 2020 Your supplier in Maharashtra has wrongly charged CGST+SGST to you. He should be charging IGST as place of supply is Gujarat because the buyer is in Gujarat. This is 'Bill to' and "ship to" transaction.

Mansi Shah

Mansi Shah (Querist)
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29 September 2020 Please let me know can we take declaration from them as a proof for GST audit?

Is this declaration valid for GST Department satisfying not claim wrong GST credit by us?

Lekhraj sood

Lekhraj sood (Expert)
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29 September 2020 No, declaration is of no use. Ask the supplier to change the invoice or bear the GST loss.

Mansi Shah

Mansi Shah (Querist)
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29 September 2020 But they have issued Invoice mentioning IGST Tax & disclosed the same in GSTR-1 as CGST and SGST Tax.

Now what can we do from our end?

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