Supplier's ITC not showing in GSTR 2B WHAT TO DO?

[SANJEEV AGGARWAL]

A substantial amount of ITC of one of my main supliers is not showing in GSTR-2B since he has not filed GSTR-1 for month of June, 21. I wish not to take ITC of the same, since he is not traceable. What is the best option for me. 1. Not to take credit of ITC of him in my 3B or to take credit & reverse the same.

Supplier has filed GSTR-1 for month of May, 21 but not filed 3B. I have taken credit in May, 21 but how to reverse the same & debit him. I have to make outstanding payment to him where I can cover GST of both months. Kindly advise.

[Shilpi Jain]

You can take credit and reverse it so that whenever payment is made to supplier u will be to take credit without being time barred. This is the dispute free option.

Also there are high court cases in this regard which mention that dept should first follow supplier before recovering itc from recipient.

[KASTURI SETHI]

Section 155 is a hurdle. The burden of proof is cast upon the person who takes ITC. Practically, the person who avails credit cannot be penalised for the supplier's fault. You can take shelter of case laws in this context. In such scenario, relief is possible only through litigation.

[Ganeshan Kalyani]

I am also of the view that you should claim ITC based on invoice in possession, material received, payment made to your supplier etc. You can keep all the communications made with your supplier requesting him to file GSTR 1 by showing your invoices. This can help to prove to the authority that you made all your efforts to convince your supplier to file correct return. This will prove your side to claim genuine credit.

AI Summary

Input tax credit preservation: take credit then reverse until supplier files returns, document efforts and consider litigation. Recipient may either not avail disputed input tax credit or avail it and immediately reverse it, thereby preserving entitlement until supplier files returns or payment is made. Advisers recommend availing-and-reversing as dispute-averse, while maintaining invoices, receipt proofs, payment records and communications with the supplier. Note the burden of proof under Section 155 and the potential need for litigation; contemporaneous documentation and case-law support are important to protect the recipient's position.