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B2b sales considered as B2c in GSTR-1 - How to rectify

Pnm Mohammed YOUSUUF

We have filed GSTR-1 with a particular invoice as B2C instead of B2B and would request you to kindly advice how the same can be rectified so that the recipient can take the input credit.

Thank you in advance

B2C classification in returns prevents later conversion to B2B, blocking recipient input tax credit unless return rules change. The FAQ states that a transaction reported as B2C in GSTR-1 cannot be amended later to add the recipient GSTIN and convert it to B2B, thereby preventing the recipient from claiming input tax credit; the FAQs are administrative guidance without binding legal force and correction may depend on future procedural changes to return filing or on legal challenge. (AI Summary)
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Himansu Sekhar on Jun 8, 2018

FAQ

Q. It is envisaged that many customers may not provide the GSTIN to the Banks in time. In such cases the
Banks / insurers would report the supply as B-to-C transactions in the returns filed by it. Later, in case the
customer reverts with the GSTIN, how should this amendment be reflected?

Ans: A transaction once reported as B2C cannot be amended later to add GSTIN and convert the transaction as B2B.

YAGAY andSUN on Jun 9, 2018

We are in agreement with as whatever is stated in FAQs. However what is the legal sanctity of this FAQs. In our view, since GST is in nascent stage, such mistake should waived off and if not a writ petition must be filed.

KASTURI SETHI on Jun 11, 2018

In case GSTR 2 and GSTR 3 are abolished, you may get an opportunity to revise GSTR 3B. Govt. may further simplfy the procedure of filing returns. So the querist should be hopeful. It is also a fact that FAQs have no legal backing as opined by M/s.YAGAY And SUN, Sirs.

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