No relevance of GSTR 2A or 2B for availing GST ITC || CA Bimal Jain

[@ashishgupta-ru9lo]

Sir apka samjhane ka tarika aur apka analysis kisi b point ko k leke mujhe bohot acha lagta h.. Mein apki video dekh dekh k bohot seekhta hu... Mere kaafi aise confusion the jo apki video k madhyam se hi solve hue.. Thanks sir .. Please hamesha ap alag alag topics pe detalied video post krte rahe sir.

[@NeerajKumar-qx2lr]

Thanks sir for clarifying on this burning issue of itc.. very apt and logical argument for claiming itc as of now duly backed by act..

[@sivasundaram6522]

Excellent presentation sir

[@deepakbhuj1873]

Sir, you are excellent and master. Please continue with this videos to keep us updated think beyond lines.

[@parmarvicky82]

Newly inserted clause “(aa) the details of the invoice or debit note referred to in clause (a) has been furnished by the supplier in the statement of outward supplies and such details have been communicated to the recipient of such invoice or debit note in the manner specified under section 37;”. This is a newly added clause aa - under sub-section 2 of section 16 of CGST/SGST/UTGST Act. It has given the time limit for the invoices furnished according to section 37. Section 37 has 3 clauses for furnishing invoice/debit note : 1) 11 days from the end of tax period 2) Which is not operative - Mechanism is not provided in form GSTR-2 3) Within due date of September of following the end of financial year to which such details pertains. Now here the condition given to avail the itc is not the specific tax period. It is according to section 37. Invoice/debit note should have been furnished according to section 37. Hence it has no relation with transaction of certain tax period must have been uploaded in the same tax period GSTR-1 Return. Specific time limit is given under rule 36(4). We can always take the stand that we have been given time limit if certain invoices are not uploaded by our suppliers in particular tax period, but before the last date given under sub-section 3 of section 37, then no question arise to disallow the input tax credit, if invoices/debit notes are uploaded u/s.37(3). When ITC is availed under this clause i.e.(aa) of section 16 of the Act which is passed by parliament, then it will override the provisions of rule - 36(4). What is your view for above logic sir ?

[@bharatkachhadia8117]

V Nice Explanation about 2A & 2B with Example Thank u Sir.

[@ashimbakhtiar1787]

Best explanation for my concern, thank you sir 🙏

[@AjithKumar-gg4dx]

Valuable and meaningful information Thank you sir

[@anilkantiwal5066]

Your way to define each and every concept are awesome 👍

[@prathmeshsharma939]

What a great clarification sir , 🧲🧲truly attracted with your knowledge.

[@chandrikathamalloor1438]

Good class sir...thank u very much from Kerala

[@mishariff1416]

Sir ji Excellent analysis.

[@santoshbehera4621]

Very good understanding speech.

[@shrabani716]

Sir i had taken gst classes from you at the very beginning of gst that in early 2017 and your explanations help me a lot to understood gst law and provisions and grey areas in it. I must say your power of explaining provision is awesome and best

[@amitjain8494]

thanks sir for making gst more interesting...

[@stayupdatedwithcarishabhag7672]

Whether we need to check 2A/2B or not. It's totality depand upon case to case and client to client since it's letigation related issue. If we will not follow rule 36(4) then syatem generated notices will come and will have to do regularly reply to the deptt. For escaping all this replying it's better to take ITC as per 36(4) but yes where is amount is big and client is ok for violating rule 36(4) then we can book ITC as per books. Nice Video Sir. Regards, CA Rishabh Aggarwal

[@jacobsanthosh6533]

Thank you sir for your very informative and interesting presentation .. I am being a Tax Practitioner .. I have printed out this contradictory matter before the office of the finance minister and GST Secretariat. Especially for the month of April and may 2021 GSTR 1 due date is 26 and 28th of preceding month and GSTR 2B will be available from 29th only. In such scenario government came out with notification 18/2021 asking interest from 21st onwards .. No reply from the authorities .. As you said in the vedeo it's wastage of time money and mental peace .. Who cares common man .. they want only millionaires ..😎😭

[@advocateharvinder9566]

very good analysis, excellent guidance, we are already litigating and will litigate the matter with concerned authorities

[@mukuljindal8879]

I feel , government is deviated from the basic fundamentals of GST , simplified credit and one nation one tax. Only objective is to cash collection from the business. Day by day credit availment Conditions are being added without looking at consequences and legality or feasibility of the provisions. Soon all the small businesses will either be closed or shifted off record transactions. Eventually this will impact all of us including professionals. I hope our professional fraternity should raise their voices and concerns to make it simplified otherwise only big four will be the only surviving consulting firms and top ten MNCs will capture all the market share. End result will be poverty. Already Bangladesh is doing better than india... Soon we will be looking at the Pakistan growing faster than India.

[@sahilthakral2244]

Thank you sir for updating our knowledge..

[@hemendrakumarvarshney8825]

Mr. Jalan. With due respect to your views, I would submit that GSTR-1, is a monthly detailed invoicing return- a report for the month, whereas GSTR-2A & GSTR-2B are Reports Dynamic and Static (with data flowing from GSTR-1 and 3B ) showing available balances as ITC. The date of filing GSTR-1 is prior to GSTR-3B to enable ITC, in the month itself. It seems intent of law is compliance by both parties Buyer and Seller.. Merely having physical invoices, delivery of goods and services, payments are off-line transactions to GST portal which is paperless and image free. Just data and figures. The Govt is also forced to do so because of misuse and fake and fraudulent invoicing by the people engaged in business and transactions handling. Though legally it may be ultra-vires but intent of law and law persuaders are equally important. Plz correct me if wrong.

[@cabimaljain]

Govt. should take action against defaulting suppliers...why credit would be denied to buyers for fault of suppliers...

[@carahulmahato388]

Wonderful experience sir

[@ca.pankajgoyal3250]

Very well explained ..Thanks sir

[@kundukulamvarappanantony3986]

THANK YOU SIR FOR YOUR GREAT PRESENTATION

[@sonuagrawal9887]

Sir, as a student i always feel that this provision is hampering right of natural justice of recipient even if they have complied all the provision. The government is burdening their inability on the taxpayers by denying the credit... This seems to be a draconian provision of our Gst law. Thanks a lot for sharing your valuable information sir..

[@camahendratomar2093]

Thanks For Explaining

[@abhishekbajpai5733]

Thanks Sir for updating burning issue

[@balunavaneetham]

Well explained sir. GST R 2 A became a audit check list, it's clear that availing credit of goods which were in transit (physically not received) is not supported in GST law. Heard some of taxpayers availing credit on those transaction as bills reflected in GST R 2 A. GST 2 B also take those values in auto popluated figure.. It may create lot of confusion..

[@cabimaljain]

Take credit in the month Goods or services received

[@allampallynarsingrao5208]

Sir excellently presented.thank U sir

[@labanyadharbaniah5251]

These two have no relevance as held by apex court in case of Bhatti Airtel Ltd case . It's just a facilitator only as the basic and primary statutory documents for availing ITC is Tax invoice and Tax invoice only.

[@dhsikka]

Very well explained sir,,, thank u so much

[@ashokkhemka2868]

One more condition and difficulty being faced by the recipient that even after the proper e invoices are created by the supplier is not being auto populated as ITC available in GSTR 2B and GSTR 3B .What recipient should do?

[@dishikar839]

Great video sir

[@navindamani7616]

Sir shd hv mentioned in his video tht though it is rule people must follow it ,so that we file gst returns on time ,it will ,benefit everyone ,supplier,receiver nd Govt.the rules can b notified anytime but we must encourage clients to get accustomed ,instead of saying dont follow rules as it is not notified and go into litigation with deprtment

[@cabimaljain]

Appreciate...kindly understand theme of presentation...

[@abhinavpritimehta9164]

Thank you very much sir.

[@SatyaSanatan339]

Hats off 👏 Sir

[@vgraghu628]

Now as per GST rules GST r2b for the month of May is populated on 28 June now if I file GST r3b for the month of May after 28th June there is a provision of interest liability. since 2B is the document I have to rely on for claiming ITC why they are charging interest on filing 3b if filed after 20th June sir

[@hemendrakumarvarshney8825]

So the law is 3 years old now and changed a lot. With doing away of filing of GSTR-2, instead bringing GSTR-2A, 2B as reports. Your views should surely draw attention of Govt to change the law by adding relevant provisions to settle down unnecessary litigation and wastage of time and resources. 🙏

[@ramendrasharma539]

Sir please start coaching for ca final idt.

[@a.ranjeetsingh3400]

Great Sir🙏🏻

[@eshankothari1119]

Respected sir aap GST ke bhagwan hei but kabhi kabhi bhagwan se bhi complain kar deni chahiye, sir ground level par bina court jaye kitne aise case hei jaha deptt ne gstr 2B /2A mei na show hone par ITC allow kiya hei?They says 2B/2A bhi section 16(2) ki condition fulfil karna show karta along with gstr 3B filing status, it shows that supplier has paid the taxes, they says agar wo kam pay karega to mismatch ka notice bhej denge supplier ko but u fulfil ur conditions to avail ITC

[@write2swapnil41]

Sir, you didn't discuss the 4th condition to avail ITC... the condition is the tax should be paid to the government... If the supplier hasn't filed GSTR 1 & 3B and didn't pay the tax to the Government, can a recipient still avail the ITC????

[@ferozkhanpathan7157]

Sir, Amnesty scheme 2021 is upto 31st Aug-21. But while filing of composition return for the quarter Oct-17 to Dec-17 with having turnover penalty showing on portal of Rs. 5000+5000 for cgst & sgst and interest also showing. Why this is happenig sir please reply me soon .

[@21san]

Sir what if supplier files g1 late and tax liability arise while filling g3b and payment made in cash and next month supplier credit comes in credit ledger how to get refund in cash

[@arpitgupta8801]

What should we do ? If it is irrelevant still we need to follow. Or suggest the middle way.

[@cabimaljain]

U may decide as per your business exigencies

[@sksahay9251]

But sir ...relevance of 36(4) is there, so reconciliation with GSTR 2A is necessary. Mistakes can be amended in following months

[@rohittripathi3947]

Very nice sir 👍👍

[@prashantsrivastava1333]

Thanks sir for your valuable information

[@prasadnilugal4691]

Very nice info sir

[@sivaassociates2122]

Very useful information.. Thank you sir.. 🙏🙏

[@akshithvaranasi1352]

Excellent sir

[@mukeshpnaranghufmukeshpnar474]

You have not made any reference to section18 (2) for itc credit time limit is one year from date of invoice supringly

[@santoshbanduni9519]

Sir Maine feb mein Rs.10000 igst sale ki thi, but Apr month mein Maine ushi invoice pe credit note issue kardiya tha Rs.7000 Ka now aab Woh Rs.7000 Jo Maine zyada pay kardiye hai Woh sirf igst se hi setoff honge aise kaunse section mein Likha hai ?

[@hemendrakumarvarshney8825]

Filing of correct and error free data in the Return are equally important. You yourself has mentioned no. of times in the example, of this error or that error by mistake. Humongous data, it's analysis and it's administration in time is equally important. So ITC is based on maker and checker concept. There are eligible and ineligible ITC items for a business, still intentional or unintentional wrong ITC are availed by businesses till captured by survey and audits. There are fly-by-night business operators with revenue (Nation) losing. End of the day taxes are to Nation and Nation is by the people & for the people. Law will be simple if people are honest. Do you agree.🙏

[@sanjayjaiswal3463]

Sir We importer and paid igst at icegate but not reflected in 2a Hence can not be taken What to do ?

[@SatyaSanatan339]

Sir, can you please explain "Adjusted Turnover" in the context of Inverted Tax Structure Refund as per the Notification 39/2018 dated 4th September 2018 point 5

[@navindamani7616]

Instead of fighting with gst department tht ur rules are not tified,its better to file return on time as per new rules ,New rules of 2A and 2B has made clients discipline ,to file gst returns on time.

[@sureshgupta8122]

We availed less credit in the month march inspite of having same in GSTR 2A & GSTR 2B.Now we wish to claim the same in May but it will violate Rule 36 (4) capping. What should we do in this case?

[@cabimaljain]

Take credit...if eligible

[@usmanayser]

Please also made videos in Hindi also so we better understand

[@irajatsolanki]

Sir after big litigation in hc or sc loosing to taxpayer for rule 36(4) they would retrospectively notify sec 43A We should argue also that rule 36(4) is ultravires to the Cgst act and cannot be made applicable retrospectively

[@cabimaljain]

Yes...that's is what i m saying in video captured

[@sanjayhatria6037]

Sir, can you explain or reply one problem facing related to itc that "if itc claimed by a taxpayer (sunil) wrongly in 2018-19 as it did not reflect in GSTR-2A due to supplier's wrongly mentioned his GSTN in GSTR-1. As Sunil (taxpayer) was also partner in this wrong GSTN which had registered in VAT and migrated automatically in GST by 2 GSTN (One was in proprietorship firm and another in partnership firm) but in partnership firm there was no return filed and actived (invoices reflects in its 2A). What about ITC reverse?

[@ca.deepaksharmacpa]

Very Nice

[@ca.surajkesharwani2944]

Sir, if we take itc as per books then how to fight with govt w.r.t rule 36(4) ??? Please reply sir.

[@aramseitamizha6667]

Sir RCM credit to be availed in the same month or next month - ur take on this matter !! Eagerly waiting for a reply from ur end with legal reasoning 🙏🏻

[@cabimaljain]

Same month

[@aramseitamizha6667]

@@cabimaljain thanks a lot sir 🙏🏻

[@haripawale2661]

Sir our ITC shown in 2A but supplier not filed the GSTR-1... Supplier upload only GSTR-1 data so in this can I avail gst credit...??

[@soumyajeetpattnaik6917]

Sir Can DRC 03 be paid from ITC ? Department is issuing notices to claim refund of ITC (already debited for making payment in DRC-03) and again file DRC-03 and pay taxes in Cash only . Please throw some light on this issue 🙏.

[@simerleensingh881]

Could you tell what cause of payment you selected while filing DRC-03? in my mind you may be selecting "annual return"as cause of payment...right?

[@soumyajeetpattnaik6917]

@@simerleensingh881 No sir, I selected voluntary

[@simerleensingh881]

@@soumyajeetpattnaik6917 of which year you have made the payment..? As per my understanding.. you can object the notice... If you have made previous years payment using ITC ...you can do this as there is NO restrictions in GST to set off past liabilities using current ITC...challenge the notice ..

[@soumyajeetpattnaik6917]

@@simerleensingh881 it was for FY 2019 -20 department is treating any liability not paid in gstr 3B as additional liability ! So saying it has to be discharged in cash only . Heights he interpretation ki .

[@cabimaljain]

No need to pay again..if paid through credit vide DRC 03

[@talenttadkablends7299]

Sir what about the red alert shown when itc availed is more than 5%

[@ca.surajkesharwani2944]

Sir, it mean can i take itc on the basis of books of accounts only???

[@cabimaljain]

yes

[@ca.surajkesharwani2944]

@@cabimaljain thank you sir

[@bhavin_shah]

So does it mean we can avail ITC on the basis on available tax invoices till the provision is notified?

[@prayastax]

Plz don't invite litigation

[@siddharthmujumdar6729]

Please inform any HC reference for ultra wires rule 36(4).

[@biswajitnag910]

Excellent. Very useful for settling arbitration.

[@jagdishnagar729]

Sir on this issue statutory Auditor and GST Auditor both the qualified auditor report even after proper explanation about this what to do?

[@cabimaljain]

Take Judicious call for the benefit of taxpayers...insert your comment as auditor

[@dillipshaha5301]

How do we know that the supplier has paid the tax?

[@kunalgola1008]

Sir, any chance of getting refund of f.y 2017-18 if RFD 01 not filed within stipulated time of 2 years.

[@devindersethi14]

good

[@neerajbatra2155]

sir, your voice is not properly audible

[@jayantjain41]

If Supplier located in SEZ area and our 2A / 2B not showing credit. Can we avail credit directly If It is more than 10 % of total credit in 2A ?

[@cabimaljain]

Yes

[@mukeshkumarjha8671]

Sir with due respect I would like to know one thing that how will i confirm, suppliers had deposited tax?

[@soumyajeetpattnaik6917]

Check GSTR-3B Return Filling Status .

[@eshankothari1119]

@@soumyajeetpattnaik6917 Sir GSTR 3B file kar diya but say 1 lakh ki taxable supply tha, apka invoice 10000 ka tha , supplier ne apka invoice consider kiya hei nhi , supply bta di 90000, status 3B ka to filed hei show karega

[@eshankothari1119]

apke 2B mei ana chahiye ,means ki GSTR 1 to supplier ne file kar diya apke invoice ko consider karte hue, than check 3B status , means tax bhi pay kar diya , ab supplier ne 3B mei apka invoice ka tax pay bhi nhi kiya to deptt GSTR1 aur 3B Ke mismatch ka notice supplier ko send karega ,humari risk khatam because GST3B invoice wise file nhi hota

[@soumyajeetpattnaik6917]

@@eshankothari1119 bhai aap ne bilkul sahi Bola. People are doing this without any hesitation and caution .

[@sutharkiran7372]

Sir please hindi me bhi expain kariye.. english jyada samaj nahi aata hai . Please sir answer ??? Mere CA Sir kahte hai ki aap ke videos bahot acche hote hai. But sir english me jyada samaj nahi aata so upload too in hindi

[@cabimaljain]

Pls understand my position as well...get request for hindi and english...try to learn with me

[@hitenhirapara3084]

Sir, can you explain in Hindi?

[@MUKESHSHARMA-yy8sf]

GST is big FLOOP. ..........

[@mahavirkhetan1708]

Can u tell me hindi