For the Financial Year 2018 - 2019, A Notice was issued by the Department as there was a mismatch between Gstr2A&Gstr3B. However, Restriction imposed on availing ITC w.r.t GSTR2A was introduced in Oct 2019. Can it be Applied for FY 2018-19. What are the legal defenses available.
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Mismatch between GSTR2A & GSTR3B
Replies (11)
Quick Summary
Do you have reconciliation for the difference ?
yes there is a mismatch
You may explain it through GST reconciliation
For FY 2018-2019, ITC Claimed as per GSTR 3B was Rs 425000 whereas as per GSTR2A it was Rs 360000
What is the reason for difference ?
If there is a reason for INR 65,000 then the same can be submitted to the jurisdictional officer however if the same is not traceable then you need to pay the said amount through DRC-03 along with interest on the same at the rate of 24% as the same would become a case of ITC wrongly availed AND utilized.
But the official notification came in OCT 2019 , will it be Applicable for FY 2018-2019?
It is better to consult a professional on the issue.
The notification says that "1. ........ (2) Save as otherwise provided in these rules, they shall come into force on the date of their publication in the Official Gazette. "
In view of the same, 3rd point of the amendment does not specify a particular date which means that this cannot be applied with retrospective effect. Fir retrospective effect of this notification specifically it has been mentioned in the rules which amendment would apply from 1 July 2017.
Hence, this specific amendment in the said notification number 49/2019 – Central Tax date 9 October 2019 would be applicable from 9 October 2019 which is prospectively.
Disclaimer of Opinion:
This is just an advisory in general terms which cannot be referred by you for representation to the Authority. This is only for your understanding. Please refer a professional advice in this regard if the same is to be referred for representational purposes.
You may explain the reasons for difference through reconciliation
Thank you all for the response
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