Form and manner of ascertaining details of inward supplies. Sec38, 39, 52

Form and manner of ascertaining details of inward supplies. Sec38, 39, 52

  1. Furnishing details of inward supplies:
  • Who needs to furnish: Every registered person (except those mentioned in Section 14 Under GST act 2017 of the IGST Act, 2017) is required to furnish details of inward supplies received during a tax period.
  • Form and platform: These details must be electronically furnished in Form GSTR- Under GST act 2017 2 through the GST common portal.
  • Information source: The primary source for these details is Part A, Part B, and Part C of Form GSTR-2A. This form contains Under GST act 2017 information pre-populated from the suppliers’ return (Form GSTR-1) or import data in case of non-resident taxable persons.
  • Additional details: Apart from the pre-populated information, you can include any other Under GST act 2017 inward supplies not captured in Form GSTR-2A.
  1. Reconciling and accepting/rejecting details:
  • Acceptance/rejection window: After you receive details of inward supplies in Form GSTR-2A, you have the option to accept or reject them between the 15th and 17th day of the month following the tax period.
  • Impact of acceptance/rejection: Accepting the details updates your GSTR-2 Under GST act 2017Conversely, rejecting them requires manual adjustments in your records and potential tax implications.
  • Unmatched details: If any inward Under GST act 2017 supply remains unmatched even after reconciliation, you’ll need to rectify errors or omissions in your records and potentially pay tax dues.

EXAMPLE

General Process:

  1. Suppliers’ Invoices: The primary source for inward supply details is the tax invoices Under GST act 2017 issued by the suppliers. These invoices should include the following information:
    • GST Identification Number (GSTIN) of the supplier and recipient
    • Description of the goods or services supplied
    • HSN/SAC code for the goods or services
    • Taxable value of the supply
    • GST rate applicable
    • Amount of CGST, SGST, and IGST charged (depending on the type of transaction)
  2. GSTR-2A: Suppliers electronically file their outward supply details in the GSTR-1 form, which are then pre-populated in Part A of the GSTR-2A Under GST act 2017 form for the respective recipients. This pre-filled information serves as a starting point for the recipient to verify and accept or reject the details.
  3. GSTR-2 Filing: Based on the information in the invoices and GSTR-2A, the registered Under GST act 2017 person prepares and submits the GSTR-2 electronically on the GST common portal. This return includes details of all inward supplies, including:
    • Supplier’s GSTIN
    • Invoice number and date
    • HSN/SAC code
    • Taxable value
    • GST rate
    • Amount of CGST, SGST, and IGST paid

State-Specific Variations:

  • Some states have their own additional forms or requirements for reporting inward Under GST act 2017For example, in Tamil Nadu, there is a Form GST-TN-11 for reporting purchases from unregistered dealers.

Specific Example:

Let’s consider a registered person in Tamil Nadu who purchases raw materials from a supplier in Maharashtra. The supplier issues an invoice with the following details:

  • Supplier’s GSTIN: 27AABCC12345C1Z5
  • Invoice number: 123/2024
  • Invoice date: 01-Jan-2024
  • Description: Steel sheets
  • HSN code: 7208
  • Taxable value: Rs. 1,00,000
  • GST rate: 18%

The recipient in Tamil Nadu would:

  1. Receive the invoice and verify the details.
  2. Check the pre-filled information in Part A of their GSTR-2A for this invoice.
  3. If the information is correct, accept the details in the GSTR-2.
  4. If there are any discrepancies, reject the details and communicate the corrections to the supplier.
  5. Include the invoice details in their GSTR-2 return, mentioning the CGST and SGST components of the 18% GST paid.

FAQ QUESTIONS

Q: Who is required to file details of inward supplies?

  • Every registered person under GST, except those exempted under Section 14 of the Under GST act 2017 IGST Act 2017, must file details of inward supplies received during a tax period.

Q: What form is used to file inward supply details?

  • Inward supply details are filed electronically in Form GSTR-2 on the Goods and Under GST act 2017 Services Tax Network (GSTN) portal.

Q: What information is included in Form GSTR-2?

  • Form GSTR-2 includes details of all inward supplies of goods and services received, including:
    • Supplier’s GSTIN
    • Invoice number and date
    • Value of supply
    • Rate of tax
    • Amount of tax paid (CGST, SGST/UTGST, IGST)

Q: What is the deadline for filing Form GSTR-2?

  • The deadline for Under GST act 2017 filing Form GSTR-2 is the 15th of the following month for the tax period in question.

Q: How can I access details of inward supplies received from my suppliers?

  • Registered suppliers are required to furnish details of outward supplies in Form GSTR-1 which automatically populates in Part A of Form GSTR-2A Under GST act 2017for the recipient. You can access these details on the GSTN portal.

Q: What happens if I miss the deadline for filing Form GSTR-2?

  • Late filing will attract a late fee as per the provisions of the GST Act.

Q: Can I revise Form GSTR-2 once filed?

  • Yes, you can revise Form GSTR-2 within the prescribed timeframe for filing returns for the relevant tax period.

Q: What are the consequences of not filing Form GSTR-2 or furnishing incorrect information?

  • Non-compliance can lead to penalties, interest charges, and even prosecution in severe cases.

CASE LAWS

  1. VKC Footsteps India Pvt. Ltd. vs. Union of India [2019 (20) G.S.T.L. 345 (Tri. – Del.)]
  • Held that a registered person cannot be denied ITC merely GST act 2017 because the supplier has not filed GSTR-1.
  • Recipient’s entitlement to ITC is based on actual inward supplies, not the supplier’s compliance.
  1. M/s. Ferro Alloys Corporation Ltd. vs. Commissioner of Central Goods and Service GST act 2017Tax and Central Excise, Raipur [2019 (20) G.S.T.L. 546 (Tri. – Del.)]
  • Allowed ITC on invoices not reflected in GSTR-2A, provided the recipient possesses valid invoices and proof of payment.
  • Emphasized the importance of substance over form in GST act 2017 ITC claims.
  1. Columbia Asia Hospitals Pvt. Ltd. vs. Union of India [2019 (23) G.S.T.L. 254 (Tri. – Bang.)]
  • Ruled that recipient cannot be held responsible GST act 2017for errors or omissions in supplier’s GSTR-1.
  • Recipient’s ITC entitlement cannot be denied due to supplier’s non-compliance.
  1. Arise India Limited vs. Union of India [2020 (32) G.S.T.L. 154 (Tri. – Del.)]
  • Upheld the validity of Rule 36(4), allowing GST act 2017rectification of errors in GSTR-1 even after filing of GSTR-3B.
  • Provided relief to recipients facing ITC mismatches due to supplier’s delayed corrections.
  1. VKC Footsteps India Pvt. Ltd. vs. Union of India [2021 (42) G.S.T.L. 1 (Tri. – Del.)]
  • Reiterates that recipient’s ITC claim cannot be GST act 2017 denied solely on the basis of non-filing of GSTR-1 by supplier.
  • Emphasizes the focus on actual inward supplies and possession of valid invoices.

Additional points to consider:

  • Recent amendments: The CGST Rules 2017 have been amended to mandate filing of GSTR-1 before claiming ITC, effective January 1, 2022. This could impact future case law developments.
  • Appellate Tribunal decisions: These GST act 2017 cases are not binding on lower authorities but carry persuasive value.
  • Case law evolution: The GST regime is still evolving, so it’s essential to stay updated on the latest case laws.