FORGOT TO UPLOAD TAX INVOICE IN GSTR-01 BUT GSTR 3B RETURN FILED AND TAX PAID

[Raghu K]

Dear experts.

We are commission agents issued Tax invoice on Jan 2020 to our client while filing GSTR 1 we forgot to upload his invoice and he avail and utilise ITC based on our Tax Invoice.

Now he came to us stating that ITC not reflecting in their GSTR 2A or 2B and not entitled to claim ITC.

Kindly advise us wheather he can claim ITC and we filed GSTR 3B and paid tax within due date.

Regards

RAGHU.

[Rajagopalan Ranganathan]

Sir,

The missed invoice can be included in GSTR-1 for the next month and the same will reflected in GSTR-2A for the relevant month and ITC can be availed by the receiver.

[Raghu K]

Sir,

I filed the missing invoice in our Jan' 21 GSTR 01 Return but in receipient GSTR 2B showing " ITC AVAILABILITY - NO" "REMARKS - RETURN FILED POST ANNUAL CUT-OFF

regards

[Rajagopalan Ranganathan]

Sir,

The Department's stand is correct since the last date for uploading missing invoice of January 2020 is 20.10.2020, that is the last date to file GSTR-1 pertaining to the month of September 2020.

[Raghu K]

Sir,

This is a case recipient can't take ITC..?

Service provider has paid Tax.

Regards

RAGHU

[KASTURI SETHI]

ITC cannot be denied to the recipient of service because of the supplier's fault. You can trace out case laws on this issue in your favour.

[Ganeshan Kalyani]

I agree with the views of the expert.

[NISHANT SHAH]

Your recipient can claim itc if he has paid tax to you and all documentary evidences are available with him as per section 16 of CGST Act, 2017 . If you have paid gst & declared liability pertaining to this invoice in your annual return (GSTR-9), itc can't be denied to your recipient .

AI Summary

Missed GSTR-1 Upload Blocks Client's ITC Claim; Experts Urge Review of Recipient's Rights Under Tax Law A commission agent forgot to upload a client's invoice in GSTR-1 for January 2020, although GSTR-3B was filed and tax paid on time. The client cannot claim Input Tax Credit (ITC) as it is not reflected in GSTR-2A or 2B, due to the missed upload before the annual cut-off. Experts suggest that while the department's stance is technically correct, ITC should not be denied if the recipient has paid tax and holds appropriate documentation. The agent is advised to explore case laws supporting the recipient's right to claim ITC under these circumstances.