GST
Supplier filing history and why it matters
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Facts
Your ITC depends on the supplier reporting your invoice and paying the tax. Sec 16(2)(c) allows credit only if the tax has actually been paid to the Government. A supplier who files GSTR-1 but skips GSTR-3B is a risk.
Provisions and law
- Sec 16(2)(c), CGST Act 2017ITC is allowed only if the tax charged has actually been paid to the Government by the supplier
- Sec 16(2)(aa), CGST Act 2017ITC is allowed only if the supplier has reported the invoice in GSTR-1 and it is communicated to the buyer
- Sec 155, CGST Act 2017The burden of proving eligibility for ITC lies on the person claiming it
Analysis
If a supplier files GSTR-1, your invoice shows in GSTR-2B, but if he does not file GSTR-3B the tax may never reach the Government. The department can then seek to recover your ITC. Example: you claimed Rs 1.8 lakh on Rs 10 lakh purchases from a supplier whose 3B is pending for 5 months; that credit is exposed. Prefer suppliers with steady, on-time filing.
Conclusion
- Open the supplier's filing table on Search Taxpayer
- Compare GSTR-1 and GSTR-3B filing dates for the last 6 to 12 periods
- Flag gaps of two or more periods in GSTR-3B
- Ask the supplier for proof of filing or hold the GST portion of payment
- Recheck every quarter for regular suppliers
A Savvy can do this for you
Supplier due diligence: GSTIN, filing history, 2B and IMS match, red flags
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