Why GST Credit would be denied for non-payment of taxes by Supplier || Adv (CA) Bimal Jain

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CA Bimal Jain

CA Bimal Jain

10 ай бұрын

Why GST Credit would be denied for non-payment of taxes by Supplier || Adv (CA) Bimal Jain
🔰 ITC not allowed to buyer if supplier did not pay GST to the Government
✅ Read Complete Newsletter at: www.a2ztaxcorp.com/itc-not-al...
🔰 The Patna High Court in M/s Aastha Enterprises vs The State of Bihar [Civil Writ Jurisdiction Case No. 10395 of 2023 dated August 18, 2023]
✅ Read Complete Judgment at: www.a2ztaxcorp.com/wp-content...
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___________________________________________________
Dear Friends & Colleagues,
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⭐ Vol 3: Discussion on way forward GST return system - sequential filing of GST returns, GST Returns filing & matching of GST ITC with tabular presentation of GSTR-9 and GSTR-9C, etc. Complete Guide and Manual for GST Rates of Goods or Services/ Exemptions of Goods or Services updated as on date including all the latest notifications, circulars, press release, etc.
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Пікірлер: 44
@alankarseth7022
@alankarseth7022 2 ай бұрын
Sir the way to understand the things is incredible.
@user-eg8zg3dd7o
@user-eg8zg3dd7o 5 ай бұрын
they are charging late fees,penalties ,interest but still upon late filling of annual return.u are not able to get itc.judgement is pending for same
@roshanjha1889
@roshanjha1889 10 ай бұрын
Thanks sir for excellence explain.
@hemantjoshi1756
@hemantjoshi1756 10 ай бұрын
provision regd. reversal of ITC on Supplier not pay tax is complex, But you are simply present the same to better understand the provision and how to protect us in this type of situation -Thank you very much Sir to understand the same in simple way 🙏🙏🙏
@akshaytaxman
@akshaytaxman 10 ай бұрын
Section 16 (4) is harressment to Taxpayer.... Please make video any case file in supreme court ???
@GK34176
@GK34176 10 ай бұрын
Very Nice Explanation sir. Please make a video on CBDT recently released drafted Form No 6C Inventory Valuation Report which Effects to GST.
@rohittripathi3947
@rohittripathi3947 10 ай бұрын
👍👍
@chandreshdave5063
@chandreshdave5063 10 ай бұрын
सर बहोत अच्छी तरह से धीरे धीरे समझाते हो .
@vishnukumar-fu5mt
@vishnukumar-fu5mt 10 ай бұрын
Thank you sir for the valuable information...
@amarnathdasoju8251
@amarnathdasoju8251 10 ай бұрын
Thanks sir as usual your explanation is very nice like spoon feeding and PAYMENT made on behalf of the seller issue there will be a lot of issues that will be arising for adjustment of amount paid
@reshiimran1991
@reshiimran1991 10 ай бұрын
This is total injustice sir
@user-eg8zg3dd7o
@user-eg8zg3dd7o 5 ай бұрын
sir.business runs on credit period.purchase and sales invoices are entered in books.and gst is paid.not necessarily payment made by buyer to supplier.another thing govt is allowing the buer to clear total invoice amt upto 6 months.so in that case.supplier is paying gst out of his pocket.and that is the real problem.money is not rolling.credit period should not be allowed for gst amt.and unless u get itc .u should not pay to ur supplier.real itc should be on payment basis and not on invoice basis.so it will give real relif to both buyer and supplier
@ashokshankardeshpande353
@ashokshankardeshpande353 4 ай бұрын
Like TDS in Income tax
@dhruvjoshi7269
@dhruvjoshi7269 5 ай бұрын
#T Y bessal madras HC assessee favour #patna Hc dept favour #sc karnatak vat bcom coffee global parameters sec41(2) 1.10.22 if ur suplier defaulted then recepient need to reverse. rule 37A u will het cr 1)supplier must deposit tax by 30 sept 2023 through 3b 2)recepient need to reverse itc till 30 nov with interest sec41(2) it is prospective provision sc kk industries ltd bombay hc mahalaxmi cotton case 1.10.22 prospectively #u first avail then reverse ITC #then reavail for reavail there is no time limit #supplier defaulting
@sureshshinde762
@sureshshinde762 10 ай бұрын
Nicely explained and thanks so much for your kind guidance 👍👍👍🙏🙏🙏
@reshiimran1991
@reshiimran1991 10 ай бұрын
When we get that invoice on gstr2b, it is obvious that supplier has filed gstr1. That should be enough for buyer. What happens later that is the fault of supplier and he must be held responsible for that. What is this shit that buyer has to reverse that's nonsense thing at all. It means the hands of law are no longer long but but getting shorter thats why they use buyer as a scapegoat.
@shashankmor9164
@shashankmor9164 10 ай бұрын
Nice suggestion
@user-eg8zg3dd7o
@user-eg8zg3dd7o 5 ай бұрын
like u can flag.that your buyer has not made payment within 180 days.why no flag and responsibility upon supplier if gst is paid by the buyer
@ranashreyasd1122
@ranashreyasd1122 8 ай бұрын
gstr1 wrongly filed without rcm how to resolve
@user-eg8zg3dd7o
@user-eg8zg3dd7o 5 ай бұрын
sir.can u let us know.can tds be adjusted with gst incase supplier has not deposited gst.any video on that
@rkvenkatramana617
@rkvenkatramana617 8 ай бұрын
your valuable opinion about itc for open window deposit tax by recepient is welcome one and avoid unnessary litigation
@user-eg8zg3dd7o
@user-eg8zg3dd7o 5 ай бұрын
what is the itc reclaimed rule in case supplier deposited gst later and 180 days payment rule.because if invoice is of march .and 6 months is sept.when to show to reversal.when and how to reclaim itc.what is itc time limit for same.what if you have filled annual return .then how to reclaim itc in that case.pls let us know
@kirandeepsingh-nj6ll
@kirandeepsingh-nj6ll 8 ай бұрын
Sir,first of all the department shouldn't have issued registration to a bogus supplier..then it should have taken action on that supplier rather than punishing the genuine buyer by asking him to pay double taxation..buyer has no options or rights?? Plz reply..regards
@kirandeepsingh-nj6ll
@kirandeepsingh-nj6ll 8 ай бұрын
What if some supplier has defaulted in the year 22-23..say after 1st oct 22,but buyer has all genuine documents and proofs..what is the course then for buyer?? Kindly reply..regards..
@rahulgulecha
@rahulgulecha 9 ай бұрын
What if supplier filed gstr1 and invoice is shown in our gstr2a. And than it is found by gst department that supplier has done some bogus billing. Now my question is does all the buyer has to reverse the credit even though invoice is shown in gstr2a
@cabimaljain
@cabimaljain 9 ай бұрын
need not be if substantiated by all documentation and no collusion with supplier
@bhallashakunt
@bhallashakunt 10 ай бұрын
just like reverse charge
@akibmodi258
@akibmodi258 9 ай бұрын
Is the rule 37A applicable for FY 2021-22. Notices are issued, suppliers have not paid the taxes.
@shyam3280
@shyam3280 10 ай бұрын
Calcutta High Court has held that ITC cannot be denied?
@deepakgupta-hy6um
@deepakgupta-hy6um 10 ай бұрын
During survey under IT Act, Book of account/invoices were detained/acquired by income Tax department for more than two years, Now GSTR-9 is delayed due to this unavoidable situation, any case Law for Late fee waiver?
@MC-io4fg
@MC-io4fg 10 ай бұрын
Sir, what if the purchaser starts showing fake purchases on its own and deposits the tax in the government window without informing the supplier.
@advocatepawan72
@advocatepawan72 9 ай бұрын
Sir if buyer will deposit GST on behalf of supplier then what will supplier do with his ITC on purchases. Will he get the refund of excess amount. I think in place of this value addition tax old sales tax régime was far better just purchase the goods by giving ST forms and pay the tax at final sales to consumer. By this way government revenue may be defer but this kind of fraud and litigation may be stop.
@devendrakumarmodi7674
@devendrakumarmodi7674 10 ай бұрын
How do buyer know if buyar paid or not.
@harishchoudhury1972
@harishchoudhury1972 10 ай бұрын
How we get to know whether the supplier is paying taxes or not?
@vinodjain3443
@vinodjain3443 10 ай бұрын
sir hindi me bataye
@anjusandhu7564
@anjusandhu7564 10 ай бұрын
S8886s786
@anjusandhu7564
@anjusandhu7564 10 ай бұрын
6
@anjusandhu7564
@anjusandhu7564 10 ай бұрын
S5s676s
@anjusandhu7564
@anjusandhu7564 10 ай бұрын
Yes77 Yes77 ss
@anjusandhu7564
@anjusandhu7564 10 ай бұрын
is is rishte ko s6s6766sss7s6in in Asia 7ts56s5is s6
@Kishanms123
@Kishanms123 10 ай бұрын
I bought a machine form x supplier and supplier raised invoice with e-way to me and all payments are clear paid through bank and supplier uploaded bill with wrong gst number and now demanding more money to amended the gst bill in gst portal with correct gst number what I can do to get gst claim.
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