What if supplier has not filed Gstr1 ?

Page no : 4

PRANAY JAIN (Director) (248 Points)
Replied 24 October 2017

Their are no missing invoices, all invoices are their & showing correctly. Supplier has submited his GSTR 1 return but not filed it so I cant take any action(accept them) on these invoices. So when he files his GSTR 1 afer 31st Oct, would i get ITC automatically (I wonder whether option to accept these invoices would be their after 31st Oct), OR I should add all these invoices in missing invoices details and when he files GSTR 1a I would get credit.

Aman Agarwal (321 Points)
Replied 24 October 2017

If the supplier has not 'FILED' GSTR 1, you need to separately add those invoices while filing GSTR 2. The same will get reflected in GSTR 1A of the supplier where he can accept those invoices.

Shankar Sharma (505 Points)
Replied 24 October 2017

Ya Aman is right. You cannot take any action till he files, not just submitted his return. So you have to add it as missing invoice.

Vishal (Partner) (24 Points)
Replied 31 October 2017

My problem is exactly like mr pranav Jain. Supplier has submitted but not filed gstr1. Invoices are showing but i cannot accept. If i add invoice it would be double entry as there are no missing invoice. Supplier can access gstr1a only after filing gstr1. But if he files gstr1 the invoice would be available for accepting in my gstr2a. Gstr1 once submitted cannot be changed. So he will have to reject the invoice added by me in his gstr1a or else double invoicing would be done.

PRANAY JAIN (Director) (248 Points)
Replied 31 October 2017

Dear Vishal I have added these invoices in gstr2, as i won't get the credit(ITC) untill it is added and true these invoices would be duplicated in my supplier, total confusion, don't know what complex structure they have made and wonder how this system would work.

ASHISH PALLOD (353 Points)
Replied 31 October 2017

Same case with me. Total confusion. And there is no one to address this concern. If we have any issue, is there any point of contact assigned to each taxpayer in GST system ? Local office of GST is helpless or looking for bakra to sort out issue if they can.

Shankar Sharma (505 Points)
Replied 31 October 2017

Hi Vishal , be assured that there will not be any double entries. Your supplier has not filed his return. So you have to necessarily add his bills as missing invoices yourself and submit GSTR2 before due date. It will appear as " uploaded by tax payer" I.e you.So go ahead do this immediately.

PRANAY JAIN (Director) (248 Points)
Replied 31 October 2017

Yes finally seems like I found the answer, if supplier has not filed his gstr1 than the details added by the counter party are auto populated to GSTR-1 of the supplier who may include the same befor submitting his GSTR-1 and he may have to submit his GSTR1 again with these modifications if he has submitted already.

Vishal (Partner) (24 Points)
Replied 31 October 2017

There's difference between submitting and filing. Once submitted you cannot modify. Filing means signing by Digital Signature or EVC. My supplier has submitted so my gstr2 is autopopulated but i cannot accept reject or modify as he has not filed. There's a difference between adding missing invoice of supplier which is being not shown at all in gstr2a and adding the same invoice again which is already autopopulated but ITC cannot be availed as not filed by supplier. Adding this again will lead to double entry of same bill. On contacting supplier i came to know that belated filing of gstr1 with late filing penalty is not enabled on site so he is not able to file with DSC or EVC. Also since filing of gstr2 of July is extended till 30 Nov we can wait and watch.

Philip (Ganga) (35 Points)
Replied 08 January 2018

I am having difficulties in adding a sales invoice in my gstr-1, Since my gstr-1 filing of july was delayed some of the party sales invoices were already visible under the uploaded by reciver section so i accepted the invoice after verfiying them. But four of the invoces uploded by the receiver were with wrong invoice amount so i rejected the invoices but when i try to add the same invoice with the corrected invoice amount under the uploded by taxpayer section it shows an error saying the invoice is process with a error. I tried contacting the GST helepline but they were of no help. Kindly help me clear this issue as my gstr-1 filiing is pending. Read more at: https://www.caclubindia.com/forum/gstr-1-invoice-processed-with-an-error-442629.asp

venus kedia (CA Practice ) (22 Points)
Replied 30 May 2018

in current situation , when there is no GSTR-2, GSTR -3, how will we put the purchase bills on portal , which our seller party is not filed? Seller party is not Filling their GSTR-1 from aug to till date. Dept is telling us to pay Interest on the input claimed in our return? Is it acceptable?

Mohit Anchalia (3 Points)
Replied 19 October 2018

We have the same issue. 2-3 of our suppliers have not been filing (and paying) their GST returns from a long time. Despite our best efforts to convince them, they have refused to give in. In such a situation, where we have made the complete payments (including GST) to those suppliers and claimed the ITC, is there any recommended course of action? What can a buyer (with no fault of his) do to avoid forgoing the ITC? Is there any legal action possible? Please suggest whom to approach with the same. We'd be very grateful.