Whether GST Credit can be denied for Supplier's fault of Non - Payment of Taxes || CA Bimal Jain

[@labanyadharbaniah5251]

It's vires has been challenged in the Calcutta High court mentioning Art.14,21& 300A.

[@balajivelpandian2613]

Awesome video sirji. Fight for valid right and ensuring genuine buyers and receipent not getting penalized. Iove the way you explained sirji. Hatts off to you.

[@sudarshankhamari]

Thank you Sir for your valuable knowledge sharing. It will help a lot very much for most of the traders within India...🙏🙏🙏

[@keralaelectrictradesassoci6682]

Thanks sir it is an eye opener

[@shantanuarekar6617]

very nice & Informative explanation👌👌👌👌

[@samal3333]

Even today GSTR 2A/2B are technically not providing any information on payment of tax. Mere filling of GSTR 1 is nothing to do with payment and again who take guarantee that GSTR 3B of Supplier reconciled with GSTR 1 of supplier. Government is playing a game! If the whole department cannot compel the supplier to make the payment, how can recipient do that?

[@hotboy041073]

Very good points and views on itc prior introduce new rules for itc , plzz give your valuable views on itc after new itc rules wheter every tax payers has paid taxes as per portal says or any legal remedies for Bonafide purchase made for business may be after new rules it's hard to survive for small traders government levy fees for late filling higher rate of interest on tax and now even deny take itc for fault of supplier , in my view if government have not faith on tax payers government have to made all b2b under RCM so Byers can give direct tax portion to government 🤐🤐🤐🤐

[@atul58]

Purchase Tax Invoice appearing in 2A or 2B only proves filing of GSTR1 by supplier. It doesn't prove he has filed GSTR3B and paid taxes. Please clarify.

[@caamitmadhwal2029]

Superb !!💐💐💐

[@Ritesh8200]

Thanks Sir for sharing your valuable view on this big issue...❤ 💐

[@mohananchenicheri3987]

Excellent exposition

[@nikhildalvi5093]

Thank you sir for greatful information👌👌👍👍

[@cacvsuryam3820]

Sir, even appearing in 2A from 1, it cannot be a conclusive evidence that supplier paid the taxes unless he files 3B which recipient or buyer can never aware.

[@cacvsuryam3820]

Sir, I think 2B is not static. Because, we find there are changes in 2B between first one generated on 13th of every month and that of generated later. This may be another reason for notices also. At the time if notice, 2B is showing some figure and when noticee downloads after receipt of notice (may be 3 to 4 days gap), there is some other figure.

[@saishivagaripally1746]

Awesome...

[@saurabhgupta-dz4nj]

Thanku so much sir for beautiful axplaination. 🙏🙏🙏🙏🙏

[@paragagarwal9033]

Dear sir, thanks for sharing your views with us. Another issue is also there in my view, many of the genuine taxpayers have recorded B2B supplies to the B2C table in the form GSTR 1 in previous years. They can amend the details only up to the date of filing of subsequent year's September month 3B return. The recipients have noticed mismatches only after the availability of form GSTR 2A, but suppliers are not able to amend the details now, what remedial action should they take?

[@cabimaljain]

watch my other video on same

[@paragagarwal9033]

@@cabimaljain Thanks sir ,🌹

[@avinashbhosale2642]

Thank you Sir

[@gnanikapandala9436]

Sir - if taxes are paid & GSTR3B is filed, however GSTR1 wasn't filed within due date. Will input credit be denied as GSTR1 was not filed within the timelines?

[@mangeshsaini9313]

Sir supplair have issued some invoice in month March 2020 the tax of which have been paid by supplair in F.Y 20-21 and GSTR1 of the quater Jan 20 to March 20 have filed on 22nd Nov 2020.Does Buyer will denied ITC of said supply just because supplair have filed GSTR1 of Jan 20 to Mach 20 in month of Nov 2020. Further GSTR 2B of Dec 20 of Buyer showing ITC not available as "GSTR1 filed after post annual Cutoff". Pls reply sir can ITC be denied to buyer.

[@pramodmprasad]

Still if it is possible for recipient to track whether supplier has paid tax, can section 16(2)(c) be challenged in court for constitutional invalidity.

[@cabimaljain]

then doubtful..

[@damodarvedantham6951]

bimal sir gst becoming tough and tough rather good and simple why this qrmp and iff schemes sir if possible one video on these schemes sir my humble submission the country where the fundamental rights are denied in the hands of its citizens the country never flourish socio economic imbalances will arise and it will lead to social agitations sir please guide the govt officials not to change return filing system sri guru charanam sharanam mahma

[@cabimaljain]

we r trying our best...

[@smithbhandari]

Sir you are learned & my question may be naive but, why these applies only for old cases, even today 2A / 2B is not giving details of payment of taxes by supplier, it is merely reflection that supplies has been made & reported by the supplier, basis which buyer may make payment to him & take credit, but what if supplier yet not filed 3B & paid taxes, in that case this shall also prevail in the current system !!

[@nilamadhabmishra3272]

Sir, what happens if the supplier has paid March 21 liability in March 2022 vide drc 03 alongwith interest

[@chandrahaskhedekar9997]

Thanks sir.

[@pipilitractors8890]

Sir, even if a recipients gets know about the non payment of tax by the supplier , what has he to do ? whether he will pay the tax to govt. for the second time through RCM mechanism or hang up the supplier for his fault ? Definitely the govt. is powerful and supplier is principal of buyer / recipient , but buyer / recipient is innocent , pays tax to supplier at the time of purchasing to the supplier and bound to pay, as per the law of trade and commerce department . where, the buyer / recipient has legally paid tax at the time of purchase and has no strength to fight against GOVT. or supplier at supreme court .Thinking you as a learned person , and representative of innocent buyer of India, only you can put forth the matter in front of Govt. of India / chamber of commerce / association of C .A . on a humanitarian ground and obliged . Thanking you .

[@cabimaljain]

will try my best

[@pipilitractors8890]

@@cabimaljain thank you sir

[@ArvindKumar-oo3pc]

Sir , what is the eligibility of ITC in case of retention of money on account of setting up of plant and machinery (retention period- one year). Whether ITC claimed on such retention money is required to be reversed or not on account of non payment within 180 days ?

[@cabimaljain]

NO reversal required

[@cacvsuryam3820]

Government's proposal is first to deny ITC and collec tax from recipient. Then secondly, catch hold of supplier by issuing notice u/s 76 and collect tax from him. This is the plan / conspiracy of government to get benefitted twice on same transaction. Is it not undue advantage to government? Heading towards Vexatious GST.

[@randommoviereviews]

Sir, in GSTR-2B it doesn’t specify on line item level payment status. What if suppliers shown less sales value in GATR-3B to reduce the payment.

[@surajjakhotia]

Mere pass Ek heavy truck hai aur Main assessment year 19-20 mein uski income 44AE ke badle 44AD Me show Ki Hai because TDS 194C me detect kiya gaya hai... this is right or wrong

[@shubhemjain]

Nice explained

[@rahulkundurpi8622]

What about Rule 86A that empowers Commissioner to block ITC of the recipient-buyer?

[@sunildarakmaheshwari6035]

Thanks sIr for guide

[@caanilkumarkarwa1065]

Best

[@rsshaikh1]

Thank you sir. One request that please make video in Hindi language.

[@madasamymani7513]

Please learn one of the National Languages of Secular India - English

[@sharanayyaharwal5661]

Thank u sir