ASMT 10 (GSTR2A VS GSTR3B MISMATCH OF ITC)

I received an ASMT 10 notice where it was shown that for the period JUL-SEP 2020, I have claimed ITC of 11,50,000 (as per GSTR3B) against 1,50,000 (as per GSTR2A of JUL-SEP 2020 resulting in a mismatch of Rs. 10 Lakh respectively. 
-I have all Orignal Invoices with me.

This difference of Rs. 10 lakh was due to a delay in uploading of Invoice by Supplier in GSTR-1 and also paid the interest on it @ 18%p.a. My supplier uploaded the same in Feb 2021 and the same is reflecting in GSTR-2A of Feb 2021 month. 

Now My question is do I Have to pay Interest for the period (Jul-Feb 2021 ) @ 24% p.a. due to the fault of the supplier due to the wrong availment of ITC? 
Is there any case law supporting me? 

Replies (5)
Quick Summary
This discussion addresses an ASMT 10 notice concerning a significant Input Tax Credit (ITC) mismatch between GSTR-3B and GSTR-2A for July-September 2020. The user claimed ITC of ₹11,50,000 while only ₹1,50,000 was reflected in GSTR-2A, due to the supplier's delay in uploading invoices. Although the supplier eventually uploaded the invoices in February 2021 and interest was paid on the delayed ITC, the user is seeking clarification on whether further interest at 24% p.a. is payable for the period July-February 2021, given the supplier's fault. The consensus leans towards not paying additional interest, citing Section 16 and questioning the validity of Rule 36(4) in this context, especially since the tax was eventually paid and the ITC reflected later in the same financial year.

No don't pay interest on it. Draft a reply accordingly

Is there any support to this CA Alatmush Zafar ji
Any Section or Any Case Law?

For support of not paying interest?

There was no liability to reverse itc. Rely on section 16 which does not require matching of itc.

Rule 36(4) does not have a section to empower it.

Moreover it is already shown but later in the same year due to mistake of other person.

As per the section read with rules, an itc can be claimed only when the supplier has paid the tax to the govt.

hence practically when you have it on your gstr 2A

you have claimed itc in jul to sept, whereas govt didnt actually receive any money to let you a corresponding credit.

govt can give you credit only when it has received it. hence interest will be payable for claiming itc before feb.

Tax is paid by gstr3b and not 2a or gstr-1

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