GSTR-3B vs GSTR-2A: ITC Mismatch Clarification

In the Goods and Services Tax (GST), the Input Tax Credit (ITC) plays a key role in ensuring that businesses do not look at the burden of double taxation. However, a common issue that arises is the Mismatch amongst the ITC claimed in GSTR-3B returns, and that is reflected in the auto-populated GSTR-2A returns. This article delves into the cogency of ITC claims amidst such mismatches, backed by significant judicial choices from the Madras High Court.

Understanding ITC (Input Tax Credit)

Input Tax Credit (ITC) lets businesses reduce their tax liability by claiming credit for the tax paid on purchases. Basically, it is the backbone of GST as it prevents the pouring effect of taxes. By enabling businesses to right credit for the input taxes paid, ITC ensures that tax is levied only on the value addition at the respective stage of the supply chain.

Suggested Read: What are GSTR-2B and GSTR-3B?

Role of GSTR-2A and GSTR-3B in ITC Claims

GSTR-2A is an auto-populated form based on the details provided by the contractors in their GSTR-1 returns. It serves as an echo of the purchases made by the taxpayer and the taxes paid on those.

GSTR-3B, on the other hand, is a self-declared summary return filed by the taxpayer to declare their summary GST accountabilities for a given tax period. It includes the minutiae of sales and the claims of ITC.

Differences between GSTR-2A and GSTR-3B While GSTR-2A is generated using the supplier's data, GSTR-3B is a self-assessed return. Differences often arise due to timing differences, data entry errors, or vendors' non-compliance.

Common Causes of Mismatch Between GSTR-2A and GSTR-3B

Data Entry Errors: Simple mistakes in entering data can cause mismatches.

Timing Differences: The timing of particle returns can cause discrepancies. For specimens, if a supplier files their return late, it may not imitate in GSTR-2A in time.

Vendor Non-compliance: If the vendor does not file their earnings or does so inaccurately, it can result in disparities.

Implications of Mismatched ITC Claims

Mismatched ITC claims can have grave financial and legal implications for industries. Financially, it can lead to the denial of legitimate tax credits, snowballing the tax liability. Legally, businesses may face scrutiny from tax authorities, leading to demand notices and potential penalties.

Validity of ITC Claims Based on GSTR-2A and GSTR-3B

To determine the validity of ITC claims amongst mismatches, several judicial decisions have provided clarity. The following suitcases from the Madras High Court highlight the legal department on this issue.

In a landmark decision, the Madras High Court suppressed an assessment order against Sri Lakshmi Silvers, accentuating the breach of natural justice principles and technical non-compliance concerning Goods and Services Tax (GST) returns. This case lean-tos light on the importance of adhering to proper measures and providing taxpayers a fair opportunity to contest tax demands, mainly when discrepancies arise between GSTR-3B and GSTR-2A returns.

Facts of the Case

Sri Lakshmi Silvers, a recorded entity engaged in the supply of base metals, was evaluated for the financial year 2019-20. The petitioner requested Input Tax Credit (ITC) on established supplies but faced an assessment order dated 11.07.2023, which highlighted incongruities between the ITC claimed in GSTR-3B in addition to the details in GSTR-2A. The petitioner received a notice (Form GST ASMT-10) but was unable to respond due to dependence on their accountant, who failed to inform them of the notice.

Issue

The primary issue, in this case, was the nonappearance of an opportunity for Sri Lakshmi Silvers to contest the tax demand, besides the failure to adhere to the circulars distributed by the Central Board of Indirect Taxes and Customs (CBIC) about procedures for resolving discrepancies between GSTR-3B besides GSTR-2A returns.

Held

The Madras High Court, recognizing the petitioner's plea, quashed the valuation order. The Court noted that the assessment primarily focused on the ITC disparity without questioning the genuineness of the transactions. Moreover, the Court pointed out the non-compliance with prescribed circulars.

To remedy the situation, the Court stipulated that the petitioner must remit 10% of the disputed tax demand in two weeks. Additionally, the petitioner was granted the chance to respond to the show cause sign within the same period. The assessing officer was directed to provide a fair hearing and issue a fresh assessment order within two months upon payment satisfaction.

Conclusion

After considering the circumstances mentioned above, if any discrepancies are created in Form GSTR – 2A and GSTR -3B leading to any excess ITC requested by the recipient, the same must be paid by the taxpayer sideways with interest. Consequently, the High Court quelled the assessment order and directed the specialist to re-examine the matter. The Court trained the respondent to provide the petitioner with a fair opportunity, including a personal hearing, besides issuing a fresh order within two months, considering all contentions raised.

FAQS

What is the ITC mismatch in Gstr-2A and Gstr-3B?

Input Tax Credit (ITC) mismatch happens when there is a discrepancy between the ITC demanded by a taxpayer in their GSTR-3B and the ITC available as per GSTR-2A or GSTR-2B. This can lead to challenges in demanding ITC, resulting in potential cash flow issues besides compliance risks.

What is the difference between Gstr-2A and Gstr-3B ITC reconciliation?

Reconciliation of GSTR-3B, in addition to GSTR-2A, is crucial to ensure that the Input Tax Credit (ITC) claimed in GSTR-3B aligns with the details in GSTR-2A. GSTR-2A comprehends ITC details from the supplier's GSTR-1, while GSTR-3B is the self-declared instant return.

How do you respond to an ITC mismatch notice?

Pay the unmatched tax sum along with 24% annual interest via DRC-03. Moreover, the supplier should be requested to file or rectify their GSTR-1 return. Credit Notes Absent in GSTR-3B: Solution: Reverse the ITC and pay the compulsory amount with 24% annual interest.

How do you solve GST mismatch?

The Mismatch due to altered values can be resolved by one of the subsequent options. Select the exception Mismatch due to the tax total modified in the voucher, and press Enter. Based on your accounting requirements, you can resolve the Mismatch, take the transaction as is, or recompute the tax values.

How can I reverse the ITC wrongly claimed in GSTR 3B?

To reverse the wrong ITC claimed in GSTR-3B, assess your records to identify the incorrect claim, analyze the amount to be reversed, and report this hitch in Table 4B of the next GSTR-3B return. Submit the revised return and pay any additional tax liability resulting from the correction.

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