Answer

GST

Supplier filed GSTR-1 late and ITC came next month

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  1. Facts

    If you claimed ITC in a month but the supplier filed GSTR-1 after the GSTR-2B cut-off, the invoice appears in the next month's GSTR-2B. Claiming it early causes the excess. Under Sec 16(2)(aa), the correct month to claim is the month it appears in GSTR-2B.

  2. Provisions and law

    • Sec 16(2)(aa), CGST Act 2017ITC only when the invoice is furnished by the supplier and communicated in GSTR-2B
    • Rule 36(4), CGST Rules 2017ITC on invoices is allowed only if they are reported by the supplier and appear in GSTR-2B
    • Rule 88D, CGST Rules 2017Intimation DRC-01C when ITC in GSTR-3B exceeds GSTR-2B beyond a limit; reply in 7 days
  3. Analysis

    If ₹1,10,000 claimed in June appears in July's GSTR-2B, the June claim was early. Explain the timing in Part B and show that the July claim was not doubled. If the credit was used in June, interest under Sec 50(3) for the month may be raised, so consider paying a small interest amount through DRC-03 to close it. Going forward, claim only from GSTR-2B.

  4. Conclusion

    1. Find the invoices claimed early and the month they appeared in GSTR-2B
    2. Confirm you did not claim them again
    3. Explain the timing in Part B
    4. Pay any interest on the early use through DRC-03 if advised
    5. Change your process to claim only from GSTR-2B

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