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TMI BlogClarification to deal with difference in Input Tax Credit (ITC) availed in FORM GSTR-3B as compared to that detailed in FORM GSTR-2A for the period 01.04.2019 to 31.12.2021.X X X X Extracts X X X X X X X X Extracts X X X X ..... uary, 2023, vide which clarification was issued for dealing with the difference in Input Tax Credit (ITC) availed in FORM GSTR-3B as compared to that detailed in FORM GSTR-2A for FY 2017-18 and 2018-19, subject to certain terms and conditions. 2. Even though the availability of ITC was subjected to restrictions and conditions specified in Section 16 of Assam Goods and Services Tax Act, 2017 (hereinafter referred to as Assam GST Act ) from 1 st July, 2017 itself, restrictions regarding availment of ITC by the registered persons up to certain specified limit beyond the ITC available as per FORM GSTR-2A were provided under rule 36(4) of Assam Goods and Services Tax Rules, 2017 (hereinafter referred to as Assam GST Rules ) only with effec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ered persons in their returns in FORM GSTR-3B and the amount as available in their FORM GSTR-2A. It may, however, be noted that such availment of input tax credit was subject to the provisions of clause (c) of sub-section (2) of section 16 of the Assam GST Act which provides that ITC cannot be availed unless tax on the said supply has been paid by the supplier. In this context, it is mentioned that rule 36(4) of Assam GST Rules was a facilitative measure and availment of ITC in accordance with rule 36(4) was subject to fulfilment of conditions of section 16 of Assam GST Act including those of clause (c) of sub-section (2) thereof regarding payment of tax by the supplier on the said supply. 3.2 Though the matter of dealing with difference ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (1) of section 37 in FORM GSTR-1 or using IFF. Accordingly, the guidelines provided by to Circular No. 131/2021-GST dated 11th January, 2023 shall be applicable for verification of the condition of clause (c) of sub-section (2) of Section 16 of Assam GST Act for the said period, subject to the condition that availment of Input tax credit by the registered person in respect of invoices or debit notes, the details of which have not been furnished by the suppliers under sub-section (I) of section 37, in FORM GSTR-1 or using IFF shall not exceed 20 per cent. of the eligible credit available in respect of invoices or debit notes the details of which have been furnished by the suppliers under sub-sect ion (1) of section 37 in FORM GSTR-1 or using ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of clause (c) of sub-section (2) of Section 16 of Assam GST Act for the said period, subject to the condition that availment of Input tax credit by the registered person in respect of invoices or debit notes, the details of which have not been furnished by the suppliers under sub-section (I) of section 37, in FORM GSTR-1 or using the IFF shall not exceed 10 per cent. of the eligible credit available in respect of invoices or debit notes the details of which have been furnished by the suppliers under sub-section (1) of section 37 in FORM GSTR-1 or using the IFF. (iv) Further, for the period from ()1.01.2021 to 31.12.2021, when rule 36(4) of Assam GST Rules allowed additional credit to the tune of 5% in excess of that reported by the supp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... return for the tax period of September 2020. Similarly, second proviso to rule 36(4) of Assam GST Rules was substituted vide Notification No. 56/2017/Pt-V/75 dated 24.01.2022 to provide that the condition of rule 36(4) shall be applicable cumulatively for the period April to June, 2021 and ITC shall be adjusted on cumulative basis for the said months in the return for the tax period of June 2021. The same may be taken into consideration while determining the amount of ITC eligibility for the said tax periods. 7. It may also be noted that these guidelines are clarificatory in nature and may be applied as per the actual facts and circumstances of each case and shall not be used in the interpretation of the provisions of law. 8. These ..... X X X X Extracts X X X X X X X X Extracts X X X X
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