CDNR-AMENDMENT NOT DECLARE IN GSTR-1

[ABHILASH PANICKER]

Dear Sir,

In 18-19, we forget to update CDNR-Amendment in Some Invoices (Price Reduction ) in GSTR-1., but we adjust the same in GSTR-3B., (Documents pertaining to CDNR Available with us )

Request you to please guide wether we have recd any notice from GST Deptt for the GAP Between GSTR-1 & GSTR-3B.,

[Amit Agrawal]

You need to produce supporting evidences to the effect that recipient had reversed proportionate ITC against your credit-notes (towards price-reduction along-with GST thereon) as envisioned in proviso to Section 34 (2).

Considering the failure to disclose these credit-notes in From GSTR-1, it would be advisable to have strong supporting evidences specially coming from recipient's end (say, supporting CA certificate at the end of recipient of subject credit-notes & supporting ledger statements).

This is also subject to a presumption that you have adjusted such tax-amount - while filing From GSTR-3B for the month/s - within the time permitted in Section 34 (2).

These are ex facie views of mine, the same should not be construed as professional advice / suggestion.

[Padmanathan KV]

Agreed to Amit Ji's views in toto. produce the following:-

1. Copy of the credit note

2. Certificate from CA of recipient to stating that credit pertaining to credit note has been reversed.

3. If you have corrected in GSTR-9, copy of GSTR-9

[Shilpi Jain]

There have been a few High Court decisions which have been in favour of the assessees when these kind of errors have happened. So this miss should be considered as a procedural error or mistake and should be allowed to be adjusted.

AI Summary

Credit-note nondisclosure risks GST scrutiny; secure evidence of recipient ITC reversal and reconcile via returns.
Non-disclosure of amended credit-notes in GSTR-1 while adjusting tax in GSTR-3B requires proof that recipients reversed proportionate ITC per the proviso to Section 34(2) and that supplier adjusted tax within permitted time. Taxpayers should produce credit-note copies, recipient CA certification of ITC reversal, ledger statements, and any corrective returns (eg, GSTR-9) to substantiate conformity and avoid scrutiny.