GST
Reversing ITC when the supplier has not paid tax
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Facts
Rule 37A requires you to reverse ITC by 30 November of the next financial year if the supplier has not filed GSTR-3B for the period in which the invoice was reported. You can reclaim it when the supplier files.
Provisions and law
- Rule 37A, CGST Rules 2017ITC to be reversed by 30 November if the supplier has not filed GSTR-3B for that period
- Sec 16(2)(c), CGST Act 2017ITC only if the tax charged has actually been paid to the government by the supplier
Analysis
GSTR-2B shows invoices from GSTR-1, but the supplier may not have paid tax through GSTR-3B. The portal publishes information on such suppliers to help. Keep a list of suppliers with GSTR-1 filed but GSTR-3B pending, and review it before 30 November each year.
Conclusion
- Check filing status of key suppliers on Search Taxpayer
- List invoices from suppliers with pending GSTR-3B
- Reverse those credits by 30 November
- Reclaim when the supplier files
A Savvy can do this for you
Monthly health check: books vs GSTR-1 vs GSTR-3B vs GSTR-2B
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