R 1 Bills mistake

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A business mistakenly billed goods to company B instead of the actual purchaser, A, and paid tax accordingly. The deadline to amend these R1 filings has passed. The discussion seeks expert advice on the best available solutions. One suggestion involves the purchaser utilising CBIC circular no 193, though this is subject to Rule 36(4) for invoices after October 2019. A further question arises on how to handle the purchaser who received unlawful ITC and if a credit note can be issued.

MOHD SHAHID

MOHD SHAHID (Querist)
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15 June 2024 Hello, goods sold to A but Bill feeded in R1 in name of B and Tax paid by 3B in 2019-20. Now it is to amend in favour A. But amending deadline passed. What is best solution availabe at this time. Seeking Seasoned experts opinions for this.

CS Advocate Abhishek Goyal

CS Advocate Abhishek Goyal (Expert)
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17 June 2024 Your purchaser may take benefit of circular no 193 of CBIC. you can produce certificate to this effect, although if invoices pertain to on or after oct 2019 when rule 36(4) was introduced, the benefit of ITC is available to the purchaser only subject to 20/10/5% depending upon the period of invoices as mentioned in that circular.

MOHD SHAHID

MOHD SHAHID (Querist)
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18 June 2024 But Sir, how to treat that purchaser who has gained unlawful ITC. Can we issued Credit Note to that purchaser

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