Gst input credit eligibility

ITC / Input 207 views 4 replies

There is a fear among many receiver companies that if the supplier is not filing GSTR1 for the period july 2017 to Mar18 before 25th Oct 2018 or 31st Oct 2018, the receiver companies have to lose the credit and need to remit the amount to the extent of credit taken along with interest to GST department.

Is it correct?

Can experts and consultants give clarity on this?

Thanks.

Replies (4)
Thats Correct ! {As per Section 16(4)}

In My Opinion:
As per section 16 ITC can be avail
1. Have a Tax Invoice
2. Possession of Goods
3. supplier has Filed the return (Gstr 1,2,3)
4.supplier had paid the Tax 

Now point 1 & 2 is ok as per the querist , but point 3 & 4 , .... 
point 3 : if its not reflected in 2a that means Supplier has not filed the return or Missed your bill in his return : Now if he has missed or not filed the return then why recepient is liable in this case to deprive of credit when the govt himself has not implemented the GSTR 2, so that the Recepient could able to add such Invoices

Point 4: As of today system of Return filing Nobody knows whether supplier has deposited the Tax on the bill raise to Recepient : the same , GSTR 3 is not Implemented by Govt , & by Gstr 3b one cannot find whether the tax has been setoff or deposited by supplier on the bill raised to you

*The Last date to file GSTR1 for Jul-17 to Sept-18 is 31/10/2018 , now the supplier who is filing his return on october18 , the same is going to reflect in 2a of recipients Nov-18 Month
& the last date to avail the input or rectify any differences pertaing to fy 2017-18 is to be done by due date of sept18 return. (3b)

So in Short My Opinion in regard to 2A , if your Bill is not reflected in 2a , but you got the Original Bill & receipt for Goods reced. you can claim ITC.(As per Return filing System exist)

Yes... I agreed to Mr Pankaj Rawat's view...

 

Yes... You (Client) Can claim based on Invoices...

Thanks to all. My question is "whether the availed credit is to be repaid to the department, if the supplier is not filing GSTR1 before the said dates".
Dear , thats what i tried to explain.

No ... no need to reverse the ITC if You are having Original copy of Bill & Goods Has been reced by you.


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