GST
Rule 37 and import of goods
Updated . Every paid answer is checked by a CA. Free AI answers are labelled until a CA verifies them.
Facts
No. IGST on imported goods is paid to customs at the time of import, not to a supplier, so Rule 37 does not apply to it.
Provisions and law
- 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.
- Sec 16(2), CGST Act 2017ITC is allowed only with a tax invoice, receipt of goods or services, tax actually paid to the Government by the supplier, and the recipient's own return filed.
Analysis
You claim import IGST on the basis of the Bill of Entry once it appears in GSTR-2B. Paying the foreign supplier late has no GST effect, though foreign exchange rules have their own timelines. Keep import records separate in your ageing.
Conclusion
- Exclude import Bills of Entry from Rule 37 ageing.
- Claim IGST from the Bill of Entry.
- Track foreign payments under exchange control rules separately.
A Savvy can do this for you
ITC reversal for unpaid suppliers after 180 days, Rule 37
₹1,999
Get this doneAsk a Savvy on WhatsAppGeneral guidance from TaxSavvy’s library of money processes. Laws change; your Savvy confirms the answer on your exact case before anything is filed.