Purchase goods from gst dealer who is liable to issue einvoice

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This discussion addresses concerns about purchasing goods from a GST dealer who is liable for e-invoicing but issues normal invoices instead. The primary worry is the potential loss of Input Tax Credit (ITC) for the buyer. While the supplier's non-compliance doesn't directly affect the buyer's liability, it can lead to ITC denial if not rectified. The advice suggests clarifying with the supplier, considering alternative suppliers, or accepting the risk of losing ITC. If goods are returned, the ITC associated with those goods is effectively cancelled, resolving the ITC concern.

ARUN GUPTA

ARUN GUPTA (Querist)

18 July 2022 Dealer is issuing us normal invoice along with eway bill although his turnover in last preceding years was above 20 crores. Will we be affected due to non compliance by the dealer for not issuing einvoice to us. Please clarify?

Dhirajlal Rambhia

Dhirajlal Rambhia (Expert)

18 July 2022 By the way, Is it B2B transaction or B2C transaction?

ARUN GUPTA

ARUN GUPTA (Querist)

18 July 2022 Pl clarify who is liable to issue einvoice under gst?

ARUN GUPTA

ARUN GUPTA (Querist)

18 July 2022 I was told by his accountant recently by chance.

Dhirajlal Rambhia

Dhirajlal Rambhia (Expert)

18 July 2022 If its B2B transaction, you will not get ITC over it; As the invoice will be treated as valid Invoice.

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ARUN GUPTA

ARUN GUPTA (Querist)

18 July 2022 It is B TO B TRANSACTION AND SHOWN IN GST RETURN BY THE SELLER. HOW BUYER IS RESPONSIBLE FOR NON COMPLIANCE BY SELLER?

Dhirajlal Rambhia

Dhirajlal Rambhia (Expert)

18 July 2022 Buyer has no liability over the seller's default, but may loose ITC. So, get clarification from the seller.

ARUN GUPTA

ARUN GUPTA (Querist)

18 July 2022 I CONTACTED THE OWNER. HE IS UNWILLING TO DISCUSS THE MATTER AND TOLD ME I HAVE NO AUTHORITY TO TELL HIM HIS .RESPONSIBILITIES

ARUN GUPTA

ARUN GUPTA (Querist)

18 July 2022 The owner told me gst authorities will decide the matter.

ARUN GUPTA

ARUN GUPTA (Querist)

18 July 2022 What to do in this critical situation?

Dhirajlal Rambhia

Dhirajlal Rambhia (Expert)

18 July 2022 If you have option of any other supplier, try that. Or accept the situation. No other risk than loosing ITC.

ARUN GUPTA

ARUN GUPTA (Querist)

18 July 2022 No transaction already completed. We made advance payments to supplier. Supplier delivered materials after receiving payments. We had no other choices.

Dhirajlal Rambhia

Dhirajlal Rambhia (Expert)

18 July 2022 So, be content with normal invoice, and hope for the best.

ARUN GUPTA

ARUN GUPTA (Querist)

19 July 2022 We have decided to return goods to the supplier . So in this case what will be effect on our liability. Please clarify

ARUN GUPTA

ARUN GUPTA (Querist)

19 July 2022 We received goods from dealer with normal invoice and eway bill although dealer was liable to issue einvoice. Now after 7 days we want to return the goods as goods are defective. The dealer is ready to take back returned goods by issuance of credit note to us. So in this situation what will be the effect on our ITC. Since we are returning goods to the dealer will our ITC be effected in any way. Please clarify?

ARUN GUPTA

ARUN GUPTA (Querist)

20 July 2022 We supplied goods to our customer after buying from the supplier who issued us normal bill although the dealer was liable to issue E-invoice. Our customer have rejected goods and we want to return goods to the supplier. What will be the process of return? Since we are returning the goods will our ITC BE effected as dealer is issuing normal invoice instead of einvoice. Please clarify all the effects of goods return and process involved for return of goods.

ARUN GUPTA

ARUN GUPTA (Querist)

20 July 2022 This is reply we got from cbic mitra regarding issue of normal bill bg dealer who is liable to issue einvoice.

This is regarding your issue wherein, you want some clarification on claiming of ITC.

We would like to inform you that, when any GST registered person makes any sale for which he/she issues a GST bill i.e a sale bill and that person is liable for doing E-invoicing then it’s the responsibility of that person of doing E-invoicing for those bills and then the details of those GST bills gets auto populated in that dealer’s GSTR-1 on the basis of those sale bills the ITC amount gets reflected in buyer’s GSTR-2B but if the seller doesn’t do E-invoicing for those bills and show them manually in GSTR-1 still the details of ITC will get reflected in GSTR-2B. So the matter of the fact is your ITC will not get hampered because of not doing E-invoicing if the GST bills are uploaded by the supplier manually in GSTR-1 within the due date.

Dhirajlal Rambhia

Dhirajlal Rambhia (Expert)

20 July 2022 Finally, when you have decided to return the goods (being defective), no question of any claim of its ITC. Your tension would be released by getting back the advance paid to dealer.

ARUN GUPTA

ARUN GUPTA (Querist)

20 July 2022 Yes we are returning the goods to the dealer so no fear of loss of ITC NOW

Dhirajlal Rambhia

Dhirajlal Rambhia (Expert)

20 July 2022 Good luck..

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