ITC claim issue

398 views 13 replies
I have question that if I purchase a goods from registered dealer and on that goods I paid him Rs 100000 tax that will become my input
Now the question is that if dealer didn't file 3B and close the firm.
So now in that condition how can I claim ITC as I paid him of Rs 100000
Replies (13)
Nerver ask such a stupid guy who answer without knowing this sh*t 😕
@ Mr Mohd Khalid.,

If seller not filed his returns then ITC not available as per GST...😔😔😔
So is there any condition through which I can claim itc
Yes.It should display in your GSTR-2A to claim ITC
How it can be display in 2A as I already mention above that the dealer hasn't file his return and closed his firm
As per GST act ITC available based on GSTR 2A...

If dealer not filed then ask to dealer...
Also keep Your documents and complaint to GST officials. They can give You exact solution...

Otherwise as per my view and act ITC based on GSTR 2A only.
As you mentioned we claim ITC as per GSTR2A only but bro this question is if sellers did not show B2B Bill in its R1 then obviously we could not find ITC in my GSTR2A, so how can we claim ITC in this case?
Bro...
I know Your query and also understand that... okay...


But,
You must be understand what is ITC & what is credit note related tax... Right...?!
I don't have answer as per Your convenience...

ITC - through inwards...
If the invoice is B2B then they must file GSTR-1 in the same category..Else you may sue the seller..

You can't claim ITC without filing GSTR-1 by seller.
Based on invoice you can claim only 10% of ITC
If I file case on the seller and I win the case than how much % ITC can I claim
As per GST ITC not available...

If You file case against the seller then You will receive amount from seller...
GST dept not responsible in this matter as per GST...

In GST, ITC can be claimed as per the matching concept with GSTR -2A. 

In your case since the assessee has not filed GSTR 3B and must not have filed GSTR 1 also, so the ITC will not reflect in your GSTR 2A. 

As per the recent amendments made under the Act, in case of invoices whose input is not reflecting in GSTR -2A. ITC upto 10% can be only self claimed by the assessee. 

 

Is there anything thing else in this act or in any other act that I can file case against seller on behalf of invoices and get my money back as I paid him at the time of purchase


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