9911796707
TMI BlogRestriction in availment of input tax credit in terms of sub-rule (4) of rule 36 of Assam GST Rules, 2017X X X X Extracts X X X X X X X X Extracts X X X X ..... in availment of input tax credit (ITC) in respect of invoices or debit notes, the details of which have not been uploaded by the suppliers under sub-section (1) of section 37 of the Assam Goods and Services Tax Act, 2017 (hereinafter referred to as the "Assam GST Act"). 2. To ensure uniformity in the implementation of the provisions of the law across the field formations, the Commissioner of State tax, Assam in exercise of its powers conferred under section 168 of the Assam GST Act hereby clarifies various issues in succeeding paragraphs. 3. The conditions and eligibility for the ITC that may be availed by the recipient shall continue to be governed as per the provisions of Chapter V of the Assam GST Act and the rules made there ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... redit from all suppliers against all supplies whose details have been uploaded by the suppliers. Further, the calculation would be based on only those invoices which are otherwise eligible for ITC. Accordingly, those invoices on which ITC is not available under any of the provision (say under sub-section (5) of section 17) would not be considered for calculating 20 per cent. of the eligible credit available. 3. FORM GSTR-2A being a dynamic document, what would be the amount of input tax credit that is admissible to the taxpayers for a particular tax period in respect of invoices / debit notes whose details have not been uploaded by the suppliers? The amount of input tax credit in respect of the invoices / debit notes whose details have n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 20th Nov, 2019. Details of suppliers' invoices for which recipient is eligible to take ITC 20% of eligible credit where invoices are uploaded Eligible ITC to be taken in GSTR-3B to be filed by 20th Nov. Case 1 Suppliers have furnished in FORM GSTR-1 80 invoices involving ITC of ₹ 6 lakhs as on the due date of furnishing of the details of outward supplies by the suppliers. ₹ 1,20,000/- ₹ 6,00,000 (i.e. amount of eligible ITC available, as per details uploaded by the suppliers) + ₹ 1,20,000 (i.e. 20% of amount of eligible ITC available, as per details uploaded by the suppliers) = ₹ 7,20,000/- Case 2 Suppliers have furnished in FORM GSTR-1 80 invoices involving ITC of ₹ 7 lakhs as on the due date of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... explained for Case No. 1 and 2 of the illustrations provided at Sl.No.3 above as under: Case 1 "R" may avail balance ITC of ₹ 2.8 lakhs in case suppliers upload details of some of the invoices for the tax period involving ITC of ₹ 2.3 lakhs out of invoices involving ITC of ₹ 4 lakhs details of which had not been uploaded by the suppliers. [₹ 6 lakhs + ₹ 2.3 lakhs = ₹ 8.3 lakhs] Case 2 "R" may avail balance ITC of ₹ 1.6 lakhs in case suppliers upload details of some of the invoices involving ITC of ₹ 1.3 lakhs out of outstanding invoices involving ₹ 3 lakhs. [₹ 7 lakhs + ₹ 1.3 lakhs = ₹ 8.3 lakhs] 4. This Circular is clarificatory in nature and not meant for any in ..... X X X X Extracts X X X X X X X X Extracts X X X X
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