TaxTMI 
TaxTMI 
Input tax credit
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....nput tax credit<br> Query (Issue) Started By: - Bharat Cholleti Dated:- 26-9-2022 Last Reply Date:- 4-12-2022 Goods and Services Tax - GST<br>Got 9 Replies<br>GST<br>Dear sir, Applicant availed Input tax credit as per the invoices which is not reflected in 2A, Now received notice for payment of difference tax between 3B and 2A, applicant remitted the payments to supplier through cheques only. kin....
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....dly support with case laws in this matter. Section 16 2(aa) is only effective from 01-01-2022 As per Finance Act 2021. Reply By DR.MARIAPPAN GOVINDARAJAN: The Reply: Your query is not clear. Reply By Ganeshan Kalyani: The Reply: Yes, Sec 16(2)(aa) is made effective from. 01.01.2022 vide Notification 39/2021-CT dated 21.12.2021. Reply By Ganeshan Kalyani: The Reply: Pls elaborate your query. ....
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.... Reply By Bharat Cholleti: The Reply: Sir, Notice issued for difference tax in between 2A and 3B for the years 2018-19 to 2021-22, ITC as per 2A is less and 3B is higher, these difference tax applicant is having invoices supplier uploaded as B2C instead of B2B hence not reflected in 2A and difference arise between 2A and 3B. , in this situation is recipient eligible for ITC? please advice. Re....
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....ply By Shyam Naik: The Reply: Please ask suppliers to provide a CA certificate stating that the supply has been reported as B2C in place of B2B. However, due GST on the supply has been remitted. Reliance can be placed on Internal Circular No. CST /JC (HQ-5)/Scrutiny/Issues/File No- /B-1 dt 25.02.2022 on "Guidelines with respect to legal issues pertaining to return scrutiny for tax periods 2....
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....017-18 and 2018-19" issued by the Commissioner of State Tax, Government of Mahashratra. Reply By Ganeshan Kalyani: The Reply: It is hardship on the recipient taxpayer for the ITC has been denied to him. Department follows 2A and allows credit only if invoice appears in 2A. Reply By Shilpi Jain: The Reply: Agree with Shyamji. Get a CA certificate of the supplier in the present case and cl....
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....ose the dispute. I also agree with the querist that the condition of matching is not required prior to 1.1.22 though this point of argument will be a long way of dispute which may have to go up to the Courts to settle. Reply By THYAGARAJAN KALYANASUNDARAM: The Reply: Dear Mr.shyam, Is there any similar circular issued by karnataka state / central government. Since I have one case pending in ka....
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....rnataka commercial court. Thanks in Advance. Reply By Shyam Naik: The Reply: No such circular by Karnataka State. However, Circular issued by one state is equally applicable in other states. Benefit of the circular was extended in West Bengal in my own case. Further, the Audit Manual of CBIC requires the auditor to verify the payment of tax from suppliers end for high value transactions in ca....
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....se of mismatch between 2A and 3B. Point is the manual do not require ITC reversal and is concerned only with discharge of tax by the supplier.<br> Discussion Forum - Knowledge Sharing ....