TaxTMI 
TaxTMI 
Sir. Kindly clarify whether ITC to be availed on basis on section 38 or Section 41 both are contradictory. Section 38 says ITC claim to be on GSTR-2B, but Section 41 details ITC Claim on self assessment basis and if excess claimed shall be pay/reverse with interest. With the above two sections what implies is ITC can be claimed more than what is declared in GSTR -2B and GSTR-2B restricts ineligible ITC alone! is that correct. Kindly guide
Section 38 and Section 41
21 Jan 2023 
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Input tax credit entitlement rests on self-assessment, subject to statutory eligibility and GSTR 2B reflection conditions.
Section 38 provides auto drafted information including inward supplies reflected in Form GSTR 2B, which indicates supplies for which credit may be available but does not by itself create entitlement. Section 41 permits the registered person to avail ITC by self assessment subject to conditions and restrictions, and eligibility remains governed by Section 16 and the requirement that suppliers furnish outward supply details and tax be paid as prescribed. (AI Summary)
Section 38 provides auto drafted information including inward supplies reflected in Form GSTR 2B, which indicates supplies for which credit may be available but does not by itself create entitlement. Section 41 permits the registered person to avail ITC by self assessment subject to conditions and restrictions, and eligibility remains governed by Section 16 and the requirement that suppliers furnish outward supply details and tax be paid as prescribed. (AI Summary)