ITC- 3B VS 2A

[VIGNESH]

sir. We are receiving notices for Mismatch in ITC between GSTR 3B vs GSTR 2A for financial year 2017-18 till 31.03.2020 based on GSTR 9 filed. Can u give inputs in addressing the above issue.We have Bills for ITC Claimed and payment done by Bank transfer only!

[KASTURI SETHI]

Dear Vignesh Ji,

Mismatch or difference does not mean you have caused any loss of revenue. You will have to justify the difference between both returns with documentary evidence based on books of accounts. You know books of accounts are a statutory records. You must have following genuine documentary evidence / docs :

1. Physically receipt of goods in the registered premises before taking ITC as required in terms of Section 16 of CGST Act.

2. Valid tax paid invoices.

3. Proof of payment of tax by the supplier.

4. Proof of payment of value of goods/services to the supplier.

Have you any doubt about legal validity of the mode of payment done via bank transfer ?

If your client conforms to the parameters laid down in Sections 16 & 17 of CGST Act, ITC cannot be denied. In this way, the availment of ITC will be within ambit of CGST Act and NOT beyond GST Acts.

You can prepare reply to SCN or simple notice accordingly.

[PAWAN KUMAR]

Dear sir,

Plz check your ITC availment in GSTR-3B and GSTR-2A month wise as per your records not as per the figures provided in the notice. GSTR-2A is made applicable from 09.10.2019. prior to this GSTR-2A was not operational, hence department cannot ask information for the period for which return was not in existence. You may figure out from Oct 2019 , GSTR-3B and GSTR-2A. Check whether is this under limit of restrictions.

[SOWMYA CA]

Request you to kindly check under which section notice is served and proceed with reply accordingly.

[Ganeshan Kalyani]

Sir, it is a system generated notice which you have received. So, as suggested by experts you are required to reconcile ITC as taken in GSTR-3B with GSTR-2A and submit the reconciliation to Officer. Also, state that you have complied with Sec.16 requirement as suggested by Sri Kasturi Sir so ITC is eligible and should not be denied. In case the Officer is satisfied with your reconciliation and explanation then he may drop the notice under proceeding.

[Shilpi Jain]

Pls go through the article at below link for some more points

https://www.taxtmi.com/article/detailed?id=9746

AI Summary

Input tax credit reconciliation: substantiate ITC with invoices, receipt, and payment proof before responding to mismatch notices.
Taxpayers receiving mismatch notices between ITC in GSTR 3B and GSTR 2A must reconcile returns month wise against their books and substantiate claimed ITC with documentary evidence: physical receipt at the registered premises, valid tax paid invoices, proof of supplier's tax payment, and proof of payment to the supplier. If eligibility under Section 16 and the conditions in Section 17 are met, ITC should stand; submit the reconciliation and supporting documents in response to the notice and confirm the statutory basis of the notice.