The applicant is not entitled for input tax credit claimed by him on the invoices raised by M/s Gayatri Projects Ltd. pertaining to the period Jan-2020, Feb-2020 and March-2020 for which the supplier has furnished FORM GSTR-1 and FORM GSTR-3B in the month of November’20 and the applicant is, therefore, required to reverse the said input tax credit.
Authority for Advance Ruling — Input Tax Credit – The applicant is a producer and supplier of coal. The applicant submitted that he has received services from M/s Gayatri Projects Ltd and has availed of ITC during the tax periods January’20, February’20 and March’20 respectively. The applicant sought an advance ruling as to whether the applicant is entitled for ITC already claimed by him on the invoices raised by M/s Gayatri Projects Ltd. pertaining to the period Jan-2020, Feb-2020 and March-2020 for which the supplier has actually paid the tax charged in respect of such supply to the Government, either in cash or through utilization of ITC admissible in respect of such supply; whether the applicant has to reverse the said ITC already availed by him where M/s Gayatri Project Ltd. has actually paid the tax, though belatedly and fulfilled the responsibility cast upon them by Section 16(2)(c) of CGST Act, 2017 and all other conditions as mentioned in Section 16(2)(a), 16(2)(b), and 16(2)(d) are fulfilled by the applicant.
Held that:- The Hon’ble Authority for Advance Ruling held that the applicant is not entitled for ITC claimed by him on the invoices raised by M/s Gayatri Projects Ltd. pertaining to the period Jan-2020, Feb-2020 and March-2020 for which the supplier has furnished FORM GSTR-1 and FORM GSTR-3B in the month of November’20 and the applicant is, therefore, required to reverse the said input tax credit.
The applicant is not entitled for input tax credit claimed by him on the invoices raised by M/s Gayatri Projects Ltd. pertaining to the period Jan-2020, Feb-2020 and March-2020 for which the supplier has furnished FORM GSTR-1 and FORM GSTR-3B in the month of November’20 and the applicant is, therefore, required to reverse the said input tax credit.
Authority for Advance Ruling — Input Tax Credit – The applicant is a producer and supplier of coal. The applicant submitted that he has received services from M/s Gayatri Projects Ltd and has availed of ITC during the tax periods January’20, February’20 and March’20 respectively. The applicant sought an advance ruling as to whether the applicant is entitled for ITC already claimed by him on the invoices raised by M/s Gayatri Projects Ltd. pertaining to the period Jan-2020, Feb-2020 and March-2020 for which the supplier has actually paid the tax charged in respect of such supply to the Government, either in cash or through utilization of ITC admissible in respect of such supply; whether the applicant has to reverse the said ITC already availed by him where M/s Gayatri Project Ltd. has actually paid the tax, though belatedly and fulfilled the responsibility cast upon them by Section 16(2)(c) of CGST Act, 2017 and all other conditions as mentioned in Section 16(2)(a), 16(2)(b), and 16(2)(d) are fulfilled by the applicant.
Held that:- The Hon’ble Authority for Advance Ruling held that the applicant is not entitled for ITC claimed by him on the invoices raised by M/s Gayatri Projects Ltd. pertaining to the period Jan-2020, Feb-2020 and March-2020 for which the supplier has furnished FORM GSTR-1 and FORM GSTR-3B in the month of November’20 and the applicant is, therefore, required to reverse the said input tax credit.