Input Tax Credit mismatch on imports and SEZ procurements cannot justify denial when GSTR-2A omitted such data.
Excess Input Tax Credit demand for FY 2018-19 based only on GSTR-3B and GSTR-2A mismatch was held unsustainable where the credits related to import of goods and SEZ procurements not captured in GSTR-2A during the relevant period by design of the GST system. The discrepancy arose from reporting the credits in the wrong table of GSTR-3B and was later correctly disclosed in Form GSTR-9. For imported goods, the Bill of Entry was recognised as the statutory document for ITC under Rule 36(1)(d), and no GSTR-2A matching was required before insertion of Section 16(2)(aa) with effect from 1 January 2022. (AI Summary)
Excess Input Tax Credit demand for FY 2018-19 based only on GSTR-3B and GSTR-2A mismatch was held unsustainable where the credits related to import of goods and SEZ procurements not captured in GSTR-2A during the relevant period by design of the GST system. The discrepancy arose from reporting the credits in the wrong table of GSTR-3B and was later correctly disclosed in Form GSTR-9. For imported goods, the Bill of Entry was recognised as the statutory document for ITC under Rule 36(1)(d), and no GSTR-2A matching was required before insertion of Section 16(2)(aa) with effect from 1 January 2022. (AI Summary)
TaxTMI