04 March 2021
As per section 16 of GST Act, if your supplier has not filed its return and show as sales to you, GST credit will not be available to you. However, if you have invoices and can prove that credit is not reflected in 2A due to some other error, then you have a case.
As per notification 49/2019 dated 2nd October 2019, you can claim maximum 120% of eligible ITC appearing in GSTR 2A or actual ITC whichever is lower. This cap is now reduced to 105% w.e.f January 2021 from existing 110%. A new Return GSTR-2B has been introduced that shows all eligible ITC in one place.