Answer

GST

ITC from suppliers who did not file or were cancelled

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  1. Facts

    The officer may question ITC from suppliers with retrospectively cancelled registrations or who did not file GSTR-3B. Show genuine receipt and payment, and check the supplier's filing for that period.

  2. Provisions and law

    • Sec 16, CGST Act 2017Conditions and time limit for ITC
    • Instruction 02/2022-GST (22 March 2022)SOP for scrutiny: one ASMT-10 per GSTIN per year, specific and quantified discrepancies, DRC-03 payments to be considered, timelines for ASMT-12 or further action
  3. Analysis

    Both points are listed in Instruction 02/2022-GST. Sec 16(2)(c) requires tax actually paid by the supplier, so this is a real risk area. Example: ITC of ₹90,000 from a supplier whose registration was later cancelled from an earlier date; show that they filed returns for those months, plus your transport and bank proof. If the supplier truly did not pay, take advice before reversing.

  4. Conclusion

    1. Check each supplier's status and filing history.
    2. Gather receipt and payment proof.
    3. Explain where the supplier did file.
    4. Reverse with interest where you cannot support it.

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Scrutiny of returns, ASMT-10 notice and ASMT-11 reply

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