Not eligible for ITC

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
Replies (5)
Quick Summary
This discussion highlights a critical issue for businesses claiming Input Tax Credit (ITC). If your suppliers have filed their GSTR-1 but not their GSTR-3B, the GST department may deem your ITC ineligible under Section 16(2)(c) because the tax hasn't been officially paid. This can leave you in a disadvantageous legal position, especially if the supplier has since become insolvent.

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

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