GST INPUT TAX CREDIT

[THYAGARAJAN KALYANASUNDARAM]

Dear Experts,

One of my clients filed GST returns during 2017-18 in that the GST number was wrongly mentioned in GSTR-1 so my client's customer did not get the Input Tax Credit under the GST Act. I explained this could be resolved only by intervening writ jurisdiction being the government department involved in this matter. Accordingly, my client had informed their customer to wait until the disposal of the matter. Meanwhile, they have paid the tax to the government as voluntarily and a recovery suit was filed before the commercial suit at Bangalore along with interest. I have argued this matter before the court for want of jurisdiction and this is not a dispute at all. So far my client and his customers are doing business smoothly.

My query is whether this would fall under the commercial dispute act. If not, kindly cite some case laws. Since the court is going to pass an order by the 20th of this month.

Thanks in Advance.

[Shilpi Jain]

There was no requirement of matching with GSTR-2A during 2017-18. This is the first point to be noted so there was no requirement to pay back the tax and the credit should have been availed if it was only a GSTIN error

[KASTURI SETHI]

I support the views of Madam Shilpi Jain. You have knocked at the wrong door. The matter could have been solved by visiting/writing a letter to the jurisdictional GST Range Officer. On your request, the Range Officer could take up the matter with GSTN /Common Portal System Officer.

Even now I hope decision will be in your favour, it being a technical lapse i.e. without causing any loss of revenue to Govt.