03 March 2021
Dear Sir, I have got notice relating to ITC mismatch between 2A VS GSTR3B for 3 years. I have all invoice and also payment statements. But Dept insist that ITC have to be reversed with interest because not reflected GSTR2A . Dept said If u do not agree to pay then take Appeal option . I have taken all ITC as per Law . What to do ?? PLEASE SIR REPLY AS SOON AS POSSIBLE
03 March 2021
Even though in M/s. Sri Ranganathar Valves Private Limited case madras highcourt given favour judgement in a situation simular to you i dont think it is of any help to us ,
Assessing officer won’t allow the input tax credit to the taxpayer till the time ITC is available in GSTR 2A as is mentioned in rule 36.
Because of above rule practically you won’t be allowed ITC of GST paid even though you have proper invoice
Hope we will get a supreme court order soon favouring principle of natural justice
Appeal is just to postpone and delay proceeding i feel, Only courts see principle of natural justice.
CAclubindia
