Why GST Credit would be denied for non-payment of taxes by Supplier || Adv (CA) Bimal Jain
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- Опубликовано: 5 сен 2024
- Why GST Credit would be denied for non-payment of taxes by Supplier || Adv (CA) Bimal Jain
🔰 ITC not allowed to buyer if supplier did not pay GST to the Government
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🔰 The Patna High Court in M/s Aastha Enterprises vs The State of Bihar [Civil Writ Jurisdiction Case No. 10395 of 2023 dated August 18, 2023]
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Sir the way to understand the things is incredible.
they are charging late fees,penalties ,interest but still upon late filling of annual return.u are not able to get itc.judgement is pending for same
सर बहोत अच्छी तरह से धीरे धीरे समझाते हो .
provision regd. reversal of ITC on Supplier not pay tax is complex, But you are simply present the same to better understand the provision and how to protect us in this type of situation -Thank you very much Sir to understand the same in simple way 🙏🙏🙏
Section 16 (4) is harressment to Taxpayer.... Please make video any case file in supreme court ???
Very Nice Explanation sir. Please make a video on CBDT recently released drafted Form No 6C Inventory Valuation Report which Effects to GST.
Thanks sir as usual your explanation is very nice like spoon feeding and PAYMENT made on behalf of the seller issue there will be a lot of issues that will be arising for adjustment of amount paid
Thanks sir for excellence explain.
Nicely explained and thanks so much for your kind guidance 👍👍👍🙏🙏🙏
When we get that invoice on gstr2b, it is obvious that supplier has filed gstr1. That should be enough for buyer. What happens later that is the fault of supplier and he must be held responsible for that. What is this shit that buyer has to reverse that's nonsense thing at all. It means the hands of law are no longer long but but getting shorter thats why they use buyer as a scapegoat.
Thank you sir for the valuable information...
sir.business runs on credit period.purchase and sales invoices are entered in books.and gst is paid.not necessarily payment made by buyer to supplier.another thing govt is allowing the buer to clear total invoice amt upto 6 months.so in that case.supplier is paying gst out of his pocket.and that is the real problem.money is not rolling.credit period should not be allowed for gst amt.and unless u get itc .u should not pay to ur supplier.real itc should be on payment basis and not on invoice basis.so it will give real relif to both buyer and supplier
your valuable opinion about itc for open window deposit tax by recepient is welcome one and avoid unnessary litigation
👍👍
This is total injustice sir
like u can flag.that your buyer has not made payment within 180 days.why no flag and responsibility upon supplier if gst is paid by the buyer
#T Y bessal madras HC assessee favour
#patna Hc dept favour
#sc karnatak vat bcom coffee global
parameters
sec41(2) 1.10.22 if ur suplier defaulted then recepient need to reverse. rule 37A u will het cr
1)supplier must deposit tax by 30 sept 2023 through 3b
2)recepient need to reverse itc till 30 nov with interest
sec41(2) it is prospective provision
sc kk industries ltd
bombay hc mahalaxmi cotton case
1.10.22 prospectively
#u first avail then reverse ITC
#then reavail for reavail there is no time limit
#supplier defaulting
Like TDS in Income tax
Nice suggestion
sir.can u let us know.can tds be adjusted with gst incase supplier has not deposited gst.any video on that
Sir,first of all the department shouldn't have issued registration to a bogus supplier..then it should have taken action on that supplier rather than punishing the genuine buyer by asking him to pay double taxation..buyer has no options or rights?? Plz reply..regards
Is the rule 37A applicable for FY 2021-22. Notices are issued, suppliers have not paid the taxes.
gstr1 wrongly filed without rcm how to resolve
what is the itc reclaimed rule in case supplier deposited gst later and 180 days payment rule.because if invoice is of march .and 6 months is sept.when to show to reversal.when and how to reclaim itc.what is itc time limit for same.what if you have filled annual return .then how to reclaim itc in that case.pls let us know
What if some supplier has defaulted in the year 22-23..say after 1st oct 22,but buyer has all genuine documents and proofs..what is the course then for buyer?? Kindly reply..regards..
During survey under IT Act, Book of account/invoices were
detained/acquired by income Tax department for more than two years,
Now GSTR-9 is delayed due to this unavoidable situation,
any case Law for Late fee waiver?
Sir, what if the purchaser starts showing fake purchases on its own and deposits the tax in the government window without informing the supplier.
Calcutta High Court has held that ITC cannot be denied?
Sir if buyer will deposit GST on behalf of supplier then what will supplier do with his ITC on purchases. Will he get the refund of excess amount. I think in place of this value addition tax old sales tax régime was far better just purchase the goods by giving ST forms and pay the tax at final sales to consumer. By this way government revenue may be defer but this kind of fraud and litigation may be stop.
What if supplier filed gstr1 and invoice is shown in our gstr2a. And than it is found by gst department that supplier has done some bogus billing. Now my question is does all the buyer has to reverse the credit even though invoice is shown in gstr2a
need not be if substantiated by all documentation and no collusion with supplier
just like reverse charge
How do buyer know if buyar paid or not.
How we get to know whether the supplier is paying taxes or not?
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I bought a machine form x supplier and supplier raised invoice with e-way to me and all payments are clear paid through bank and supplier uploaded bill with wrong gst number and now demanding more money to amended the gst bill in gst portal with correct gst number what I can do to get gst claim.