TaxTMI 
TaxTMI 
Clarification to deal with difference in Input Tax Credit (ITC) availed in FORM GSTR-3B as compared to that detailed in FORM GSTR-2A for the period 01.04.2019 to 31.12.2021
X X X X Extracts X X X X
X X X X Extracts X X X X
....9 to 31.12.2021- Reg. Ref : Circular No. 193/05/2023-GST, dated 17.07.2023 issued by the Government of India, Ministry of Finance, Department of Revenue, Central Board of Indirect Taxes and Customs. Attention is invited to Circular No. 183/15/2022-GST dated 27th December, 2022, issued in CCST's Ref. Circular, Computer No.1950579, File No. REV03-12039/1/2023-GSTCCT, dated 06.01.2023 vide which clarification was issued for dealing with the difference in Input Tax Credit (ITC) availed in FORM GSTR-3B as compared to that detailed in FORM GSTR-2A for FY 2017-18 and 2018-19, subject to certain terms and conditions. 2. Even though the availability of ITC was subjected to restrictions and conditions specified in Section 16 of Andhra ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....f 20%, 10% and 5%, as the case may be, during the period from 09.10.2019 to 31.12.2019, 01.01.2020 to 31.12.2020 and 01.01.2021 to 31.12.2021 respectively, subject to certain terms and conditions, in respect of invoices/supplies that were not reported by the concerned suppliers in their FORM GSTR-1 or IFF, leading to discrepancies between the amount of ITC availed by the registered persons in their returns in FORM GSTR-3B and the amount as available in their FORM GSTR-2A. It may, however, be noted that such availment of input tax credit was subject to the provisions of clause (c) of sub-section (2) of section 16 of the APGST Act which provides that ITC cannot be availed unless tax on the said supply has been paid by the supplier. In this co....
X X X X Extracts X X X X
X X X X Extracts X X X X
...., dated 06.01.2023, shall be applicable, in toto, for the period from 01.04.2019 to 08.10.2019. (ii) In respect of period from 09.10.2019 to 31.12.2019, rule 36(4) of APGST Rules permitted availment of Input tax credit by a registered person in respect of invoices or debit notes, the details of which have not been furnished by the suppliers under sub-section (1) of section 37, in FORM GSTR-1 or using IFF to the extent not exceeding 20 per cent. of the eligible credit available in respect of invoices or debit notes, the details of which have been furnished by the suppliers under sub-section (1) of section 37 in FORM GSTR-1 or using IFF. Accordingly, the guidelines provided by Circular No. 183/15/2022-GST dated 27th December, 2022 issued i....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ated 27.12.2022 issued in CCST's Ref. Circular, Computer No.1950579, File No. REV0312039/1/2023-GST- CCT, dated 06.01.2023 is submitted by the registered person. Therefore, ITC availed in FORM GSTR-3B in excess of that available in FORM GSTR2A up to an amount of Rs 60,000 only (i.e. 3,60,000-3,00,000) can be allowed subject to production of the requisite certificates as per Circular No. 183/15/2022-GST dated 27.12.2022 issued in CCST's Ref. Circular, Computer No.1950579, File No. REV03-12039/1/2023-GSTCCT, dated 06.01.2023. (iii) Similarly, for the period from 01.01.2020 to 31.12.2020, when rule 36(4) of APGST Rules allowed additional credit to the tune of 10% in excess of the that reported by the suppliers in their FOR....
X X X X Extracts X X X X
X X X X Extracts X X X X
....es, the details of which have not been furnished by the suppliers under sub-section (1) of section 37, in FORM GSTR-1 or using the IFF shall not exceed 5 per cent. of the eligible credit available in respect of invoices or debit notes the details of which have been furnished by the suppliers under sub-section (1) of section 37 in FORM GSTR-1 or using the IFF. 5. It is further clarified that consequent to insertion of clause (aa) to sub-section (2) of section 16 of the APGST Act and amendment of rule 36(4) of APGST Rules w.e.f. 01.01.2022, no ITC shall be allowed for the period 01.01.2022 onwards in respect of a supply unless the same is reported by his suppliers in their FORM GSTR-1 or using IFF and is communicated to the said regi....