GST
Excess ITC compared to GSTR-2A or 2B in scrutiny
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Facts
Scrutiny often flags ITC claimed in GSTR-3B above what appears in GSTR-2A or 2B. For periods before 2022, credit not in 2A was allowed within limits; from 2022, Sec 16(2)(aa) requires the invoice to be in 2B.
Provisions and law
- Sec 16(2)(aa), CGST Act 2017From 1 January 2022, ITC requires the supplier to have furnished the invoice
- Sec 61, CGST Act 2017Proper officer may scrutinise returns, inform discrepancies and seek an explanation
- Rule 36(4), CGST Rules 2017Restricts ITC to invoices in GSTR-2B, with earlier provisional limits for older periods
Analysis
The period matters. For FY 2019-20 to 2021, Rule 36(4) allowed a limited provisional credit, and CBIC Circular 183/15/2022 lets buyers support older differences with supplier certificates. Example: for FY 2020-21 a Rs 3 lakh gap can be supported by a CA or supplier certificate that tax was paid. For 2022 onwards, credit outside 2B is hard to defend and usually must be reversed.
Conclusion
- Identify the period of each ITC difference
- For older periods, collect supplier certificates or CA certificates and payment proof
- For 2022 onwards, reverse credit not supported by 2B with interest
- Reply invoice-wise in ASMT-11 with documents
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Scrutiny of returns
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