ASMT 10 (GSTR2A VS GSTR3B MISMATCH OF ITC)

ITC / Input 279 views 5 replies

Shrey Laddha

CA Practice

8 Points Joined June 2017

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)

CA Altamush Zafar

GST Consultant

15986 Points Joined March 2013

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

Shrey Laddha

CA Practice

8 Points Joined June 2017

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

CA Altamush Zafar

GST Consultant

15986 Points Joined March 2013

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.

veerendar singh

tax consultant

3306 Points Joined October 2018

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.