Answer

GST

SCN for ITC mismatch in 2017-18 and 2018-19

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  1. Facts

    Circular 183/15/2022-GST allows proof that the supplier paid tax for FY 2017-18 and 2018-19 mismatch cases. For differences above ₹5 lakh per supplier a CA or cost accountant certificate is needed; below that, a supplier certificate.

  2. Provisions and law

    • Circular 183/15/2022-GSTProcedure to verify ITC differences between GSTR-3B and GSTR-2A for FY 2017-18 and 2018-19
    • Sec 16(2)(c), CGST Act 2017ITC subject to tax actually paid by the supplier
  3. Analysis

    Many suppliers filed GSTR-1 late, so their invoices were not in your 2A then. Get certificates from suppliers or a CA confirming tax was paid in their GSTR-3B. Attach them to DRC-06.

  4. Conclusion

    1. List the supplier-wise mismatch.
    2. For each above ₹5 lakh, get a CA certificate; below, a supplier certificate.
    3. Attach them to the DRC-06 reply.
    4. Ask the officer to apply Circular 183/15/2022-GST.

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