ITC Eligibility if reflecting in 2A but not in 8A

[Ashiesh Prremji]

Dear Sir,

Invoices pertaining to FY 19-20 reflecting in 2A but not in 8A as supplier has uploaded GSTR-1 after 31/10/2020. Whether need Reversal of ITC on this basis as its showing negative balance in 8D of GSTR-9 ?

Thanks!

[Ganeshan Kalyani]

In my view no.

[Prakash and Thiagarajan]

Dear Sir,

No need to reverse credit. However, it is better to raise a ticket and send a mail to helpdesk stating that the amount doesn't match seeking rectification in the portal. Further, you may add that since you need to comply with the timeline for filing annual return, you are going ahead with the filing of Annual return with the said difference.

Regards,

[KASTURI SETHI]

Agree with both experts. To be on safer side, after lodging your grievance with the Grievance Redressal Cell of GST, you will have to visit jurisdictional GST Range Officer/Deputy Commissioner, In-charge GST Division for this purpose.Bring the problem to the notice of the department. It will show your bona fides and some way-out will be evolved. Thus you will save your interest and penalty also (if there is any remote possibility).

[Ashiesh Prremji]

Thank You so much to all experts!

One more query Sir....If supplier upload/amend Invoices pertaining to FY 19-20 in the month of Dec.20, as amendment window is still working for FY 19-20 on GST portal. will it make ITC eligible which already availed within time ?

I want to clear if supplier showing correction of Invoice in Dec 20 for FY 19-20 & already paid tax in 3B. If we provide this information to Department will it still be counted as mismatch ?

[KASTURI SETHI]

What is most important in this scenario is that correct and true picture/figures must be conveyed to the department. It will show your bona fides and also save you from penalty nonetheless mismatching. If there is a mismatch, you can give reasons therefor later on.

[Ashiesh Prremji]

Thank you Sir for your valuable suggestion!

AI Summary

Input Tax Credit eligibility: retain claimed credit despite supplier late filing; lodge portal grievance and disclose mismatch when filing annual return.
Whether claimed Input Tax Credit appearing in recipient records but absent from supplier reported outward returns due to late supplier filing necessitates reversal is addressed: reversal is not required solely for such timing mismatches; taxpayers should file a portal rectification/grievance, disclose the discrepancy in the annual return, and pursue departmental rectification to demonstrate bona fides and avoid penalties.