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Input Tax Credit

VIGNESH

sir can i claim ITC for the bills i have paid and the supplier has not reflected in GSTR-2A for Financial year 2019-2020.

Eligibility to Claim ITC for Unreflected Bills in GSTR-2A FY 2019-2020: Follow-Up and CA Certificate Advised A query was raised regarding the eligibility to claim Input Tax Credit (ITC) for bills paid when the supplier has not reflected these in GSTR-2A for the financial year 2019-2020. The responses suggest that the credit should have been claimed by October 20, 2020, and advise following up with the supplier to update GSTR-2A. If this fails, obtaining a CA certificate confirming tax payment by the supplier is recommended. The experts agree that the buyer should not be penalized for the supplier's oversight, although the time limit poses a challenge for claiming the credit. (AI Summary)
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Shilpi Jain on Feb 21, 2021

You should have claimed this credit by 20th Oct '20. Then follow with the supplier to get it reflected in in your GSTR-2A. In case that is not possible and if the supplier has actually made payment of such tax then ask your supplier to provide you with a CA certificate stating that the taxes w.r.t. your invoices were remitted by the supplier.

If the above does not work, and if you have taken the credit - need to fight out any notice that may be issued by the department.

KASTURI SETHI on Feb 21, 2021

I agree with the views of Madam Shilpi Jain in toto. But there is no escape route from the 'sword' of time bar limit.

Had the credit been taken in GSTR 3B in time, you would have won such case easily in the Court of law. Credit cannot be denied to the buyer because of the supplier's fault. On the ground of time bar, chances of success are bleak.

Ganeshan Kalyani on Feb 22, 2021

I agree with the views of the experts. You can justify your ITC claim on the basis tax invoice on hand, gate entry of the goods, accounting entry as purchase in books and payment made to that supplier. The vendor ledger copy would also show both purchase entry and payment entry. Yes, purchaser should not be penalized for the mistake of the supplier.

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