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.

[Shilpi Jain]

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]

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]

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.

AI Summary

Input tax credit time bar: seek supplier reconciliation or tax remittance certificate and preserve evidentiary proof. ITC claims for supplier invoices not reflected in GSTR 2A are constrained by the statutory time bar; the claimant should have availed credit within the prescribed return period. Remedies include obtaining supplier reconciliation or a tax remittance certificate from the supplier. If credit was taken late, the recipient may face departmental notices and limited prospects of success where time bar applies. Documentary evidence-tax invoices, gate entries, accounting entries, payment records and vendor ledgers-can substantiate the factual claim but cannot overcome the statutory limitation. Timely GSTR 3B compliance is crucial to preserve ITC.