GSTR-3B/GSTR-2A mismatches require invoice-level ITC verification, while intra-State renting credits remain valid despite supplier tax-head errors.
Input tax credit eligibility under the CGST Act cannot be assessed solely from a GSTR-3B/GSTR-2A mismatch; the claimant retains the burden of proof, and eligibility requires category-wise and invoice-wise verification of underlying records. Supplier certificates for the disputed year must be considered despite later issuance, alongside reconciliation of reporting errors, reverse-charge credit, unclaimed credit and reversals. For renting of immovable property, the property's location determines place of supply; where the supplier and property are in the same State, CGST and SGST apply despite erroneous IGST reporting. Effective opportunity of hearing remains necessary under principles of natural justice.
Issues: (i) Whether fresh adjudication was warranted for want of an effective opportunity of hearing; (ii) Whether ITC could be rejected solely on a GSTR-3B/GSTR-2A mismatch and whether relevant supplier certificates could be considered; (iii) Whether CGST and SGST input tax credit was lawful for an intra-State renting supply where the supplier reported and paid IGST.
Issue (i): Whether fresh adjudication was warranted for want of an effective opportunity of hearing.
Analysis: Although notices had been issued at the appellate stage, the record showed that the assessee's ability to participate in the proceedings had been disrupted by grave personal circumstances, and the adjudication had proceeded without an effective hearing. An opportunity to present the case was required in furtherance of the principles of natural justice.
Conclusion: Fresh adjudication after affording an effective opportunity of hearing was warranted, in favour of the assessee.
Issue (ii): Whether ITC could be rejected solely on a GSTR-3B/GSTR-2A mismatch and whether relevant supplier certificates could be considered.
Analysis: Section 16 of the Central Goods and Services Tax Act, 2017 governs input tax credit eligibility, while the burden of proof under Section 155 remains on the claimant. A GSTR-3B/GSTR-2A mismatch alone does not establish inadmissibility of ITC. The reconciliation, supplier reporting errors, B2B/B2C reporting discrepancies, reverse charge mechanism credit, unclaimed credit, and subsequent reversals require category-wise and invoice-wise verification. CBIC Circular No. 183/15/2022-GST dated 27.12.2022 applies to pending proceedings for the relevant period; supplier certificates relating to the disputed financial year are admissible for verification notwithstanding their later issuance.
Conclusion: ITC cannot be rejected solely on the basis of a GSTR-3B/GSTR-2A mismatch; the supplier certificates must be considered, and the remaining ITC eligibility must be determined through category-wise and invoice-wise verification. This is in favour of the assessee.
Issue (iii): Whether CGST and SGST input tax credit was lawful for an intra-State renting supply where the supplier reported and paid IGST.
Analysis: Under Section 12(3) of the Integrated Goods and Services Tax Act, 2017, the place of supply of renting of immovable property is the location of that property. As the supplier and property were in the same State, the supply was intra-State under Section 8(2) of that Act and attracted CGST and SGST. The supplier's reporting and payment under the IGST head was a tax-head error and did not cause revenue loss.
Conclusion: The CGST and SGST input tax credit for the identified intra-State renting supply was lawful, in favour of the assessee.
Final Conclusion: The disputed ITC claim requires fresh verification on the applicable statutory conditions and supporting records, while the identified tax-head discrepancy does not invalidate the corresponding credit.
Ratio Decidendi: For the initial GST period, a GSTR-3B/GSTR-2A mismatch alone cannot establish ineligible ITC; the claimant must discharge the burden of proof, and eligibility must be determined through verification of the underlying invoices and evidence under the applicable statutory conditions.