Answer

1. F

   Facts

   Once you pay the supplier the value and tax, you can re-avail the reversed ITC under the third proviso to Sec 16(2) and Rule 37. The Sec 16(4) time limit does not apply to this re-availment.

2. P

   Provisions and law

   • Sec 16(2), third proviso, CGST Act 2017The recipient is entitled to avail the credit again once payment of value and tax is made to the supplier.
   • Rule 37, CGST Rules 2017If the supplier is not paid within 180 days of the invoice, the proportionate ITC is shown as reversed in the GSTR-3B for the tax period immediately after the 180 days, with interest under Sec 50; it is re-availed once payment is made. Not applicable to reverse charge supplies, and to deemed supplies without consideration.
   • Circular 170/02/2022-GSTExplains reporting of ITC reversals in GSTR-3B: permanent reversals in Table 4(B)(1), reclaimable ones such as Rule 37 and 37A in Table 4(B)(2).
3. A

   Analysis

   Show the reclaim in Table 4(A)(5) and also in Table 4(D)(1). The portal checks that the reclaim does not exceed the balance in your reclaim statement plus reversal in 4(B)(2) of the period. If you paid in January for an invoice reversed in October, reclaim in January's return. Keep the bank proof linked to the invoice.

4. C

   Conclusion

   1. 1Pay the supplier and keep proof.
   2. 2Check the reclaim statement balance.
   3. 3Enter the reclaim in Table 4(A)(5) and Table 4(D)(1).
   4. 4Keep payment proof with the invoice.

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