Answer

GST

Supplier filing history and why it matters

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  1. 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.

  2. 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
  3. 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.

  4. Conclusion

    1. Open the supplier's filing table on Search Taxpayer
    2. Compare GSTR-1 and GSTR-3B filing dates for the last 6 to 12 periods
    3. Flag gaps of two or more periods in GSTR-3B
    4. Ask the supplier for proof of filing or hold the GST portion of payment
    5. Recheck every quarter for regular suppliers

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