Invoices for the period of January to March 2020 for which the supplier has provided FORM GSTR-1 and FORM GSTR-3B are not eligible for Input Tax Credit (ITC), according to the West Bengal Authority of Advance Ruling.
Eastern Coalfields Ltd, a producer, and supplier of coal, received services from M/s Gayatri Projects Ltd and claimed input tax credit against three invoices issued by the said supplier of services during the tax years January 2020, February 2020, and March 2020, respectively. The petitioner has also made payments in exchange for such a supply.
The applicant has requested an advance ruling on whether he is entitled to an input tax credit already claimed on invoices issued by M/s Gayatri Projects Ltd. for the months of January, February, and March 2020, for which the supplier has actually paid the tax charged in respect of such supply to the Government, either in cash or through the use of input tax credit.
Another question raised was whether the applicant must reverse the ITC already claimed in cases where M/s Gayatri Project Ltd. has paid the tax, even if somewhat late, and has fulfilled the responsibility imposed on them by Section 16(2)(c) of the CGST Act, 2017, and the applicant has met all of the other conditions outlined in Sections 16(2)(a), 16(2)(b), and 16(2)(d).
The Coram of members Brajesh Kumar Singh and Joyjit Banik ruled that the applicant is not entitled to input tax credit on invoices raised by M/s Gayatri Projects Ltd. for the months of January, February, and March 2020 for which the supplier has furnished FORM GSTR-1 and FORM GSTR-3B in November’20, and that the applicant must reverse the said.
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