ITC Auto-populated in GSTR-2A more than ITC Availed: Wrong ITC Availment Order indicates non-application of mind:

ITC Auto-populated in GSTR-2A more than ITC Availed: Wrong ITC Availment Order indicates non-application of mind

As per High Court, when ITC Auto-populated in GSTR-2A more than ITC Availed in GSTR-3, wrong ITC Availment Order indicates non-application of mind by AO.

ITC Auto-populated in GSTR-2A vs claimed in GSTR-3B

authorCA Pratibha GoyaldateMar 22, 2024
Last update on Mar 22, 2024
ITC Auto-populated in GSTR-2A more than ITC Availed: Wrong ITC Availment Order indicates non-application of mind In the matter of Vijaykumar vs The State Tax Officer dated 14.03.2024 (W.P. Nos. 6772 & 6776 of 2024), the petitioner availed of a lower amount as Input Tax Credit (ITC) in the GST Return Form GSTR-3B than the amount reflected in the auto-populated GSTR 2A return. The petitioner had claimed Input Tax Credit (ITC) of Rs.54,000/- each for SGST and CGST in the GSTR 3B return, whereas the auto-populated GSTR 2A return reflected the availability of ITC to the extent of Rs.3,23,967/- each towards SGST and CGST. As per the Madras High Court, in these circumstances, the conclusion that the petitioner wrongly availed of ITC indicates non-application of mind. The Assessment Order was Quashed by the Court and matter is remanded to the assessing officer for reconsideration.

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CA Pratibha Goyal

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CA Pratibha Goyal is Chartered Accountant qualified in 2016, is a Member of The Institute of Chartered Accountants of India having wide experience in the field of Auditing, Taxation, ROC, GST and Secretarial matters etc. She has written over a thousand articles & has made several videos on topics related to Auditing & Taxation. As a Speaker she has delivered various sessions on various branches of NIRC of ICAI.
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