Answer

GST

Voluntary reversal after finding a supplier was fake

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  1. Facts

    If you find that credit was taken on invoices where goods or services were not actually received, the credit is not eligible. Reversing it voluntarily with interest before a notice reduces exposure. Penalty for voluntary payment before a notice is lower than after.

  2. Provisions and law

    • Sec 16(2)(b), CGST Act 2017ITC is allowed only if goods or services have actually been received
    • Sec 50(3), CGST Act 2017Interest at 18 percent on ITC wrongly availed and utilised
    • Rule 142(2), CGST Rules 2017Tax and interest can be paid voluntarily in DRC-03 before a show cause notice
  3. Analysis

    Example: an internal review finds Rs 2.4 lakh credit on three invoices where stock records show nothing was received. Reverse the Rs 2.4 lakh and pay interest at 18 percent for the period the credit was used, through DRC-03 or GSTR-3B. Record the internal review and fix the purchase process. Take professional advice, since the facts may need careful reporting.

  4. Conclusion

    1. Identify invoices with no proof of receipt
    2. Compute credit and interest from the date of use
    3. Reverse or pay through DRC-03 or GSTR-3B
    4. Document the review and stop dealings with the supplier
    5. Consult a GST professional on further steps

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