Registered supplier of Service issue invoice without charging GST?

One MY Supplier of Service (AMC Service Providers) Registered Person on July 2017- issue invoice without charging GST form Sep 2017- Mar 2019. Now Dec 2020  is gst department ask him for he is liable for Pay GST on that service provided in that period sep 2017- Mar 2019. Now the service provider ask me the gst for the relevant period . i am not ready to pay because if i paid i am eligible to claim ITC? how can we resolve the issue?

Replies (6)
Quick Summary
A registered supplier failed to charge GST on invoices between September 2017 and March 2019. Now, the GST department is demanding payment from the supplier for this period. The supplier is asking the recipient to pay the GST, but the recipient is concerned about claiming Input Tax Credit (ITC), especially since it's now time-barred. The discussion explores the supplier's liability, the recipient's inability to claim ITC, and how the payment might be treated for tax purposes.

It was his responsibility to charge GST on invoice.

You will not get any ITC because it is time barred under Sec.16(4)
What will the amount paid will be counted as taxable value or invoice value?

I am asking for calculating tax to be paid by supplier.

please answer with valid supporting section
Originally posted by : Deven Goyal
What will the amount paid will be counted as taxable value or invoice value?I am asking for calculating tax to be paid by supplier.please answer with valid supporting section

See supplier get liable to discharge GST liablity as per section 9 of CGST Act. However since he is not related party the consideration received by him would be considered as Gross value (incl of GST) Hence tax would be calculated using reverse calculations.

@ Mari U are not eligible to claim ITC for period upto 19-20 so there is no way out for you to claim ITC and Hence there is no point in paying for ITC.

Originally posted by : Mariappan
One MY Supplier of Service (AMC Service Providers) Registered Person on July 2017- issue invoice without charging GST form Sep 2017- Mar 2019. Now Dec 2020  is gst department ask him for he is liable for Pay GST on that service provided in that period sep 2017- Mar 2019. Now the service provider ask me the gst for the relevant period . i am not ready to pay because if i paid i am eligible to claim ITC? how can we resolve the issue?

Incase you pay the tax demand raised by Ur supplier u can only expense out the same in your books and claimed it as expense under Income tax .

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