GSTR-2A & GSTR-2B and Rule-36(4)
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Question (1) Whether GSTR-2B Legally Recognized.
Question (2) Validity of Rule 36(4) as per GST law.
At present time 2B not legally valid and rule 36(4) not applicable any of the client in India.
Conditions to Avail GST Input Tax credit prescribed in sec 16(2)
(a) he is in possession of a tax invoice or debit note issued by a supplier registered under this Act, or such other tax paying documents as may be prescribed.
(b) he has received the goods or services or both.
(c) subject to the provisions of section 41 or section 43A, the tax charged in respect of such supply has been actually paid to the Government, either in cash or through utilization of input tax credit admissible in respect of the said supply.
(d) he has furnished the return under section 39.
Prescribed four conditions nothing speak about GSTR-2A & GSTR-2B, So Rule not prevail section 16(2) section.
Now another discussion that after understanding 16(2) and rule-36(4) Government Realized something contravention exist in section & rule, so amending section 16(2) by Adding one more condition sub clause aa
16(2) (aa) input tax credit on invoice or debit note may be availed only when the details of such invoice or debit note have been furnished by the supplier in the statement of outward supplies and such details have been communicated to the recipient of such invoice or debit note.
Effects of New Sub clause 16(2)(aa)
- ITC cannot be availed beyond GSTR-2A/2B {Depending of the language used in 16(2)(aa)}
- No concept of Provisional Credit.
- If GSTR-1 filled By the supplier beyond cutoff date, then ITC will be lost. {Depending of the language used in 16(2)(aa)}
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