please advice ,if the invoices are reflected in GSTR-2A but not filed 3B by vendor.we are eligible to take ITC and no any exposure
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Quick Summary
If your vendor's invoices appear in GSTR-2A but they haven't filed their GSTR-3B, you generally cannot claim the Input Tax Credit (ITC). According to CGST Act Section 16(2), the supplier must have paid the GST to the government. While GSTR-2A shows the invoices, GSTR-2B is the definitive document for ITC claims. If the supplier fails to file GSTR-3B by September 30th of the following financial year, you may need to reverse the ITC, though it can be reavailed later if the supplier pays the tax.
As per section 16(2) of the CGST Act, Supplier must pay the GST by filling GSTR3B to Govt Account to claim input tax credit. also Invoices should reflect in GSTR2B.
As per section 41(2), a registered person is required to reverse the tax along with interest, if the same is not paid by the supplier.However, the same can be reavailed without any time limit to reavail it if the same is paid by the supplier. In this regard, Rule 37A is inserted vide notification No. 26/2022 –(Central Tax) dated December 26, 2022 which provides that registered person is required to reverse the tax if the supplier has not filed his GSTR-3B return till 30th September of the next f.y