GST
Reversing ITC when supplier has not filed GSTR-3B
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Facts
Under Rule 37A, if the supplier has not filed GSTR-3B for the relevant period by 30 September after the year, you must reverse that ITC by 30 November. The portal informs you through GSTR-2B.
Provisions and law
- Rule 37A, CGST Rules 2017If the supplier has not filed GSTR-3B for the period by 30 September after the year, the recipient reverses that ITC by 30 November; it is re-availed after the supplier files.
- Sec 16(2)(c), CGST Act 2017ITC is allowed only if the tax charged has actually been paid to the Government by the supplier.
Analysis
If the supplier files later, you can reclaim the credit. Reversal after 30 November may need interest. Ask the supplier to file, and hold further payments if needed. Check supplier filing status regularly.
Conclusion
- Check supplier GSTR-3B status for the year.
- Reverse unpaid supplier ITC by 30 November.
- Ask supplier to file pending returns.
- Reclaim after the supplier files.
A Savvy can do this for you
ITC reversal for unpaid suppliers after 180 days, Rule 37
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