GST
GST clause in purchase orders to protect credit
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Facts
There is no law against agreeing commercial terms that protect your credit. Many buyers release the GST portion only after the invoice appears in GSTR-2B. It must be agreed in writing in the purchase order.
Provisions and law
- Sec 16(2)(c), CGST Act 2017ITC is allowed only if the tax charged has actually been paid to the Government by the supplier
- Sec 16(2), second proviso, CGST Act 2017If the supplier is not paid within 180 days of the invoice, ITC must be reversed with interest
Analysis
Example clause: GST charged will be paid after the invoice appears in the buyer's GSTR-2B; if ITC is denied due to the supplier's default, the supplier will refund the GST with interest. Remember the 180-day payment rule: if the GST portion stays unpaid beyond 180 days, you must reverse that credit. So keep the hold short and follow up quickly.
Conclusion
- Add a GST compliance clause to purchase orders and contracts
- Release value promptly and GST after 2B confirmation
- Track invoices nearing 180 days unpaid
- Recover GST from the supplier if credit is denied for his default
A Savvy can do this for you
Supplier due diligence: GSTIN, filing history, 2B and IMS match, red flags
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