Answer

GST

Reversing ITC when the supplier has not paid tax

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  1. 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.

  2. 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
  3. 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.

  4. Conclusion

    1. Check filing status of key suppliers on Search Taxpayer
    2. List invoices from suppliers with pending GSTR-3B
    3. Reverse those credits by 30 November
    4. Reclaim when the supplier files

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