GST
Proof file that protects ITC on each purchase
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Facts
Under Sec 155, the buyer must prove ITC eligibility. Courts have said an invoice alone may not be enough. You should be able to show the goods actually moved, were received and were paid for.
Provisions and law
- Sec 155, CGST Act 2017The burden of proving eligibility for ITC lies on the person claiming it
- 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)(b), CGST Act 2017ITC is allowed only if goods or services have actually been received
Analysis
A strong file includes the purchase order, tax invoice, e-way bill, lorry receipt or freight bill, weighbridge slip or goods receipt note, stock entry and bank payment proof. Example: a trader buying Rs 25 lakh of copper scrap keeps all six documents; if the supplier is later found fake, he can show a genuine purchase. Recent High Court rulings protect such bona fide buyers.
Conclusion
- Create a folder per supplier and per purchase
- Collect PO, invoice, e-way bill and transport proof
- Record goods receipt and stock entry with date
- Attach bank payment proof
- Keep the supplier's portal check screenshot
A Savvy can do this for you
Supplier due diligence: GSTIN, filing history, 2B and IMS match, red flags
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