What should an assess do if he has a valid gst invoice but supplier has not uploaded it.
Can credit be denied to him if the supplier does not file gstr1 ?
A valid E way bill has been generated by the assessee which mentions the supplier details as well.
After the introduction of Rule 36(4), there are restrictions on availment of ITC where supplier has not filed the GSTR-1 of the period/month to which the invoice relates.
w.e.f. 01.01.2020, you can claim ITC as follows:
A) Total eligible ITC as per books of accounts
B) Eligible ITC as per GSTR-2A (i.e. the ITC of those invoices which are getting reflected)
C) Provisional Credit: 10% of B (before 01.01.20 20%)
D) Total eligible ITC that can be claimed: B+C
(Note: If, D>A, then C will be reduced to that extent since D cannot exceed A)
You can claim the balance ITC in the succeeding months after the pending invoices start reflecting in your GSTR-2A, as and when filed by your supplier.
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