GST AMENDMENT QUERY

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1.supplier filed GSTR 1 and itc Rs. 150000+18% GST autopopulated in the GSTR 2A September 2020,but actual invoice value Rs. 100000+18% GST but receipent claimed correct itc Rs.100000+18% GST without amending invoice but amendment of invoice relating FY 2019-20 up to September 2020 GSTR1, then but time limit expired recipient correct itc claimed Rs.100000+18% then receipent action is correct? 2.supplier filed GSTR 1 and itc Rs. 150000+18% GST autopopulated in the GSTR 2A September 2020,but actual invoice value Rs.200000+18% GST but supplier claimed correct itc Rs.100000+18% GST without amending invoice but amendment of invoice relating FY 2019-20 up to September 2020 GSTR 1 then but time limit expired recipient claimed correct itc Rs.150000+18% then receipent action is correct?
Replies (1)

Hi Ajnas,

Let's break down your two scenarios regarding GST amendment and ITC claims:


Scenario 1:

  • Supplier filed GSTR-1 for Sept 2020 showing Invoice value Rs. 150,000 + 18% GST

  • Recipient's actual invoice value is Rs. 100,000 + 18% GST

  • Recipient claimed ITC based on Rs. 100,000 (correct value) without supplier amending the invoice

  • Time limit to amend invoice for FY 2019-20 expired in Sept 2020

  • Recipient claims ITC of Rs. 100,000

Is recipient action correct?

Answer:
Yes, the recipient can claim ITC only for the actual invoice value, i.e., Rs. 100,000 + GST, even if supplier hasn't amended the invoice, but only if the supplier's GSTR-1 cannot be amended now (time limit expired).

  • Recipient must claim ITC based on the invoice value actually paid or agreed, not on inflated value in supplier's GSTR-1.

  • Recipient should keep documentary proof showing actual value.

  • If discrepancy is large, recipient may face scrutiny or reversal demand, but technically ITC claim is limited to actual invoice value.


Scenario 2:

  • Supplier filed GSTR-1 showing Rs. 150,000 + GST

  • Actual invoice value is Rs. 200,000 + GST

  • Supplier claimed ITC Rs. 100,000 + GST (less than actual) without amending invoice

  • Time limit to amend GSTR-1 expired for FY 2019-20

  • Recipient claims ITC of Rs. 150,000 + GST (based on supplier's filed GSTR-1)

Is recipient action correct?

Answer:
Recipient can claim ITC only for the amount declared by the supplier in GSTR-1 (Rs. 150,000 + GST), even if the actual invoice is Rs. 200,000.

  • ITC eligibility is limited to the supplier's declared outward supply in GSTR-1.

  • Since supplier has declared only Rs. 150,000, recipient cannot claim ITC for Rs. 200,000.

  • Recipient claiming Rs. 150,000 ITC is correct.

  • Recipient cannot claim ITC of Rs. 200,000 without supplier amending returns.


Summary:

  • Recipient ITC claim is limited by supplier’s declared GSTR-1 values within allowed amendment period.

  • Post amendment deadline, ITC claim must be based on supplier's declared invoices.

  • Recipient claiming ITC less or equal to declared values is correct.

  • Recipient claiming ITC more than supplier declared is not correct.


 


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