TaxTMI 
TaxTMI 
Supplier not uploading invoice details in GSTR-1 mischievously.
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....upplier not uploading invoice details in GSTR-1 mischievously.<br> Query (Issue) Started By: - SANJEEV AGGARWAL Dated:- 29-12-2021 Last Reply Date:- 26-1-2022 Goods and Services Tax - GST<br>Got 7 Replies<br>GST<br>Now that u/s 16(2)aa buyer can claim ITC only if invoice is uploaded in GSTR-1 of supplier and is visible in GSTR-2B of buyer, what remedy is available to buyer under GST Law if seller ....
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....does not upload the same mischievously. Asking supplier to upload the same is not an option since the act is mischievous & intentional. Reply By Rajagopalan Ranganathan: The Reply: Sir, The only remedy available is to withhold payment of the tax component charged by the supplier in his invoice though you can pay the cost of goods supplied. You cannot avail the ITC since the supplier has not upl....
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....oaded the invoice issued by him in GSTR-1 and thereby it will not reflect in your GSTR-2A/2B. Since you have not availed of the eligible ITC, the provisions of second proviso to Section 16 (2) (d) of CGST Act, 2017 will not be attracted. Reply By Shilpi Jain: The Reply: Agree that payment should be withheld. In case that is not feasible, the govt. Should make it in such a way that the recipient ....
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....should be able to share details of those invoices which are not disclosed in GSTR-1 by supplier and automatic notices should go to supplier for these... Once this can be done, compliance will become easier Reply By KASTURI SETHI: The Reply: The best strategy is suggested by both experts but it should be a last resort. It will click. At the same time, you should not lose cordial relations with y....
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....our supplier. The strategy should not be practised at the cost of cordial relations. The maintenance of cordiality is a visionary step. Reply By KASTURI SETHI: The Reply: Dear Querist, You can also make a written request as well as verbal request to the jurisdictional GST Range Officer to intervene and help in solving the problem. Reply By Sadanand Bulbule: The Reply: Wishing all the subje....
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....ct experts and the readers a warm Happy New Year 2022. I fully agree with the cardinal views of Sri. Kasturi Sethi Sir. Trust and cordial relation ia another name for business. Commercial transactions do not take among known enemies. So while maintaining long term cordial relations, such ITC issues need to be settled mutually and peacefully. Innocent looking mischievous elements are part of any s....
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....ociety, be it business or social segment. Pursuance and perseverance fetches the best results. War for peace is the last option. Reply By KASTURI SETHI: The Reply: Sh.Sadanand Bulbule Ji, Sir, I am indebted to you for outpouring based on legal and logical force. . Really your understanding and interpretation of the issue and drafting are par excellence. Reply By CAHemanth Kumar: The Reply: ....
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....Dear Sir, Considering the amount involved we may needs to know the doors of High Court in case if department dispute the genuineness of the transaction and tax payment.<br> Discussion Forum - Knowledge Sharing ....