TaxTMI 
TaxTMI 
Supplier's ITC not showing in GSTR 2B WHAT TO DO?
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....upplier's ITC not showing in GSTR 2B WHAT TO DO?<br> Query (Issue) Started By: - SANJEEV AGGARWAL Dated:- 5-8-2021 Last Reply Date:- 8-8-2021 Goods and Services Tax - GST<br>Got 3 Replies<br>GST<br>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 ....
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....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. Reply By Shilpi Jain: The Reply: You can take credit an....
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....d 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. Reply By KASTURI SETHI: The Reply: Section 155 is a hurdle. The burden of proof is cast upon the person who takes I....
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....TC. 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. Reply By Ganeshan Kalyani: The Reply: 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 ....
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....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.<br> Discussion Forum - Knowledge Sharing ....