Gujarat HC issues notices to Centre, State on limiting ITC in GST

Gujarat HC issues notices to Centre, State on limiting ITC in GST Sub-rule (4) to rule 36 of the Central Goods and Services Tax Rules, 2017 (hereinafter referred to as the CGST Rules) has been inserted vide notification No. 49/2019- Central Tax, dated 09.10.2019. The said sub-rule provides restriction in availment of input tax credit (ITC) in respect of invoices or debit notes, the details of which have not been uploaded by the suppliers under sub-section (1) of section 37of the Central Goods and Services Tax Act, 2017 (hereinafter referred to as the CGST Act). As per the New Rule : The amount of input tax credit in respect of the invoices / debit notes whose details have not been uploaded by the suppliers shall not exceed 20% of the eligible input tax credit available to the recipient in respect of invoices or debit notes the details of which have been uploaded by the suppliers under sub- section (1) of section 37 as on the due date of filing of the returns in FORM GSTR-1 of the suppliers for the said tax period. The taxpayer may have to ascertain the same from his auto populated FORM GSTR 2A as available on the due date of filing of FORM GSTR-1 under sub-section (1) of section 37. Click Here to Buy CA Final Pendrive Classes at Discounted Rate You May Also Refer :

• GST ITC without invoice reflecting in GSTR 2A capped at 20%
• Changes in GST ITC Availment Conditions

The Gujarat High Court has issued notices to below mentioned entities on on limiting the input tax credit to assessees in case the details have not been uploaded by the supplier. 1 UNION OF INDIA 2 THE GOODS AND SERVICE TAX COUNCIL (GST COUNCIL) 3 STATE OF GUJARAT 4 THE CENTRAL BOARD OF INDIRECT TAXES AND CUSTOMS 5 THE GOODS AND SERVICES TAX NETWORK December 18 has been fixed as the date of next hearing. Click on the Link Given below to Download the Order. Order