Supplier Failed to file invoice

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muhamad shahid

Business

26 Points Posted on 15 March 2020

One of our supplier failed to file few of our invoices during 2017-18 fy.

We found it only this year while trying to file annual return.

They had not shown the same on GSTR1 or didn't discharged the liability.

The supplier is not corporating with us.

Now as per law am liable to pay the tax amount which supplier still collected plus intrest which will be more than 70% for three years.

We have all invoices and LR copies.

Please do guide me a solution.

3 lakhs is the tax amount.

As i already paid the tax to supplier it would be double taxation if i pay the same to GST against excess claim.

Any legal possiblities?

Note: we have not shown the same in GSTR2.Supplier filed their annual return.They are not ready to refund the tax which is collected during purchases after requesting many times so i can pay back to GST with intrest if no other solution is there.

Replies (3)

Quick Summary

A business discovered that a supplier failed to file several invoices from the 2017-18 financial year, only realising this during their annual return filing. The supplier has not cooperated in rectifying the situation, leaving the business liable for the tax amount plus significant interest. Despite having all necessary documentation, the business is seeking guidance on how to proceed, especially as they have already paid the tax to the supplier and wish to avoid double taxation.

Pankaj Rawat

GST Practitioner

29904 Points Posted on 15 March 2020

Applicability of ITC to claim as per 2A being effective 9/10/2019 vide Notification 49/2019 CT .
For Fy 2017-18 there must be problem in claiming ITC for the Invoice not be reflected in your 2A .
Moreover as per Notification 56/2019 CT & press release from CBIC , the table 8 is for information purposes only & registered person shall have an
option to upload the details for the entries in Table 8A to 8D duly
signed, in PDF format in FORM GSTR-9C (without the CA Certification).

Hence no need to worry & no need to reverse the ITC

Pankaj Rawat

GST Practitioner

29904 Points Posted on 15 March 2020

**there must be NO problem

muhamad shahid

Business

26 Points Posted on 15 March 2020

Please clear.

Currently both parties gstr 9 filing had done.

We had shown the difference in GST recievables.

Since the supplier didn't discharge the tax or paid us back can we go for a fruad/evasion case against the supplier as now there are no option to file the same.

If yes,How to proceed the same?