GST Practitioner & Accounts
15022 Points
Joined March 2014
Dear Prajwal Shetty
As per section 16(2) of the CGST act 2017 , one of the condition to claim ITC is Supplier must deposit tax ( GST) in Government account collected form you , so if you not made payment including GST to supplier then he can not file GSTR1 & GSTR3B , because he has to show Payable in GSTR1 & paid GSTR3B , also you can not Claim ITC .
In short he can not file GSTR 1 & GSTR3B and subsequent reflation in GSTR2B , unless you make payment to him , also his GSTR1 & GSTR3B should tally . This is my Opinion take more Opinion on this .