Quick Summary
The CBIC videCircular No. 183/15/2022-GST dated December 27, 2022has issued a clarification to deal with the difference in Input Tax Credit (ITC) availed in FORM GSTR-3B as compared to that detailed in FORM GSTR-2A for FY 2017-18 and 2018-19. Section 16 of the Central Goods and Services Tax Act,
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FAQ :
The circular clarifies how to deal with differences between the Input Tax Credit (ITC) availed in Form GSTR-3B and that reflected in Form GSTR-2A for the financial years 2017-18 and 2018-19.
Discrepancies arose because suppliers sometimes failed to furnish correct details of outward supplies in their Form GSTR-1, or made errors like reporting B2C instead of B2B supplies, or used incorrect GSTINs, which meant these supplies didn't appear correctly in the recipient's GSTR-2A.
Tax officers will first seek details of invoices where ITC was claimed in GSTR-3B but not reflected in GSTR-2A. They will then verify if the conditions under Section 16 of the CGST Act (possession of invoice, receipt of goods/services, payment to supplier) are met.
If the difference exceeds Rs 5 lakh for a supplier, the registered person must provide a certificate from a Chartered Accountant or Cost Accountant certifying that the supplies were made and tax was paid by the supplier.
For differences up to Rs 5 lakh, the claimant needs to produce a certificate from the supplier confirming that the supplies were made and tax was paid in their GSTR-3B.
No, these clarifications are specific to bonafide errors made during FY 2017-18 and 2018-19 and apply only to ongoing proceedings in scrutiny, audit, or investigation, or pending adjudication/appeal cases for those periods.
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