What would be the scenario if a vendor has filed GSTR-1 but hasn't filed GSTR-3B. Would we be able to get ITC of such invoices. Ideally the vendor hasn't paid the GST to the Govt but the liability has been raised through GSTR-1 so we shall be eligible to get ITC and shall take the ITC of such input supplies in our GSTR-3B.
Please confirm if my understanding is correct.
As per section 16(2) (c) of the CGST act 2017 supplier must pay tax to Govt Account collected from recipient to Claim Input Tax credit .
My query is not regarding the supplier. I want to know whether I can take ITC of such invoices as it is visible in GSTR 2A and showing that GSTR-1 is filled but GSTR-3B is not filed.
Yes you can take ITC of such invoices as it is visible in GSTR 2A and showing that GSTR-1 is filed but GSTR-3B is not filed.
Naveen Fintech Pvt Ltd
Kolkata
CA Inter
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V.K. Ranjan & Co(Chartered Accountants)
New Delhi
B.Com
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CAclubindia
