FAKE ITC REVERSE
Query (Issue) Started By: – vikas kumar Dated:- 4-10-2018 Last Reply Date:- 26-10-2018 Goods and Services Tax – GST
Got 6 Replies
GST
Sir
I have a query
If an assessee has not filed her GSTR 1 for July 2018. And in this return he has ITC, reflecting in her GSTR2A. But no credit is taken in her electronic credit ledger, as she has not filed her return till date. This ITC is on B2B invoices which are fake.
What would be the consequence.
As per cgst act, to avail ITC, filing of return is mandatory. If one has not filed her return, department can not charge her for fake ITC.
The assessee has not filed GSTR 1 OR GSTR 3B for July 18. This amount of fake ITC is reflecting in her GSTR 2A.
Is there any escape, as
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C on fake invoice, how can you be held responsible ?
Reply By DR.MARIAPPAN GOVINDARAJAN:
The Reply:
I endorse the views of Shri Sethi.
Reply By Yash Jain:
The Reply:
Dear Vikas Ji,
Further to concurrence with both the esteemed expert, I request you to please inform the Vendor who has uploaded the invoice mistakenly in your name.
Inform him to rectify the said invoice by amending the GSTR 1 before 10.10.2018 so that the eligible person (The correct person in whose GSTR 2A the invoice should have appeared) will get the Input tax credit.
You will be able to save someelse eligible ITC (If any).
Reply By Ganeshan Kalyani:
The Reply:
The due date of GSTR-1 of September 2018 month is 31.10.2018. Hence, the person who has uploaded the sale
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