Some of the Sellers from whom i made Purchases have filed their GSTR-1 regularly but not yet filed their 3-B Returns.
I received notice from GST Dept telling me that under Sec 16 sub section 2 (c), ITC on such purchases are not eligible, as tax is not actually paid by sellers as they have not yet filed their 3-B
Menu
Not eligible for ITC
Replies (5)
Yes they are right. That will make the credits ineligible at your end
How can we sure about their filing ? in GSTR2B ,can we see that whether they file GSTR3B or not ??
In this case it seems that the supplier hasn't file GSTR-3B altogether
Yes Sir. They haven't filed any of their 3-B as i checked it out on gst website. One of them have even been moved to NCLT and declared insolvency, after filing GSTR-1
It's very unfortunate but legally your position is at disadvantage
Recent Topic
- Calculation of Demand due to interest u/s 220(2)
- Legal profession business code in section 44ADA
- Whether Indexed Capital Loss Can Be Claimed Under
- Form 145 and 146 Foreign Remittance in Excel Forma
- E invoice missed out/not generated for FY2025-26
- Can a broker's software legally override actual po
- Startup exit in Sept 2025: Can I still save LTCG t
- Need advice
- GST registration
- Tax Refund timeline
Related Topics
CAclubindia
