Answer

GST

Claiming ITC in GSTR-3B only from GSTR-2B

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  1. Facts

    No. Under Sec 16(2)(aa) and Rule 36(4), ITC on an invoice is available only when the supplier has reported it and it appears in your GSTR-2B. Claiming on the basis of your books alone leads to a DRC-01C intimation and interest.

  2. Provisions and law

    • Sec 16(2)(aa), CGST Act 2017ITC only when the invoice is furnished by the supplier and communicated in GSTR-2B
    • Rule 36(4), CGST Rules 2017ITC on invoices is allowed only if they are reported by the supplier and appear in GSTR-2B
    • Rule 88D, CGST Rules 2017Intimation DRC-01C when ITC in GSTR-3B exceeds GSTR-2B beyond a limit; reply in 7 days
  3. Analysis

    If your books show ITC of ₹3,20,000 and GSTR-2B shows ₹2,90,000, claim ₹2,90,000 this month. The balance ₹30,000 can be claimed in the month it appears in GSTR-2B, as long as you are within the Sec 16(4) time limit. Keep a running list of invoices pending in GSTR-2B and chase those suppliers. This keeps your GSTR-3B and GSTR-2B aligned and your credit safe.

  4. Conclusion

    1. Download GSTR-2B for the month after the 14th
    2. Reconcile it with the purchase register invoice by invoice
    3. Claim only the ITC that appears in GSTR-2B, less blocked and reversal items
    4. Carry the missing invoices to a follow-up list for the suppliers

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