GST NOTICE REGARDING ITC 2A VS 3B

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1. One of my client received notice that, F.Y. 2017-18 TO 2020-21 ITC mismatched with GSTR 2A to 3B & he has to pay the different tax with interest and penalty. His TURNOVER is less than 2 Cr. Mismatch would be less than 10 percent of turnover. He had proper invoice copies from day one onwards.  

2. Received a note that, Some Sellers shows their bills in GSTR 1 in the year 2020-21, BUT they didn't file GSTR 3B.  But still the particular dealers GSTIN are active and they filed the returns upto OCTOBER 2022.

3.  One seller wrongly shows the bills are Y in REVERSE CHARGE coloumn instead of N.  But in invoice they didn't mention it is under RCM.  Hence, the officer ask us to pay the tax amount with interest and penalty.

4.  Is Late fee applicatble in year 2018-19 and 2019-20

5.  Kindly explain sec 36(4).

 

 
Replies (5)
Hi Prakash,
Please write mail at Bhavana @ lbkca.in, we can discuss further on this.
Thanks,
Bhavana K L
Chartered Accountant
Rule 36(4) for restrictions on itc 20%,10%,5%, or as per 2b which was changed by the department time to time

Regards
Amit Rathore
for more details
visit www.rathoretaxconsultant.com
Engage a professional for dealing notices and appeals or atleast take proper (detailed) paid professional opinion on the matter

This is one of the most common notices going out right now. The department is comparing ITC in your GSTR-3B against what GSTR-2A showed at the time of filing. The first step is to do a supplier-wise reconciliation for each month mentioned in the notice and identify which invoices were missing in 2A at the time but appeared later. If the suppliers did file eventually and the invoices show in GSTR-2B now, you can produce those along with the original tax invoices to justify the credit. Rule 36(4) and the subsequent Supreme Court judgments give you limited protection for bonafide credit claimed based on available invoices. Make sure your reply includes the reconciliation statement and references the specific rule.

An ITC mismatch notice (typically a DRC-01C or scrutiny under Rule 88C) means your GSTR-3B ITC claims differ from what your suppliers reported in GSTR-2A/2B. You have 7 days to reply on the GST portal. If the difference is because suppliers filed late, attach a reconciliation table showing each supplier invoice.
If you claimed ITC in error, you will need to reverse it and pay interest at 18% per annum. The GST portal now auto-generates these notices more frequently since February 2026, so do not ignore them even for small amounts.

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