Clarification on ITC Discrepancies in GSTR-3B vs GSTR-2A for FY 2019-2021 – Circular No. 193/05/2023-GST
<p>Circular No. 193/05/2023-GST provides essential clarification on dealing with discrepancies in Input Tax Credit (ITC) claimed in GSTR-3B compared to the details available in GSTR-2A during FY 2019-2021. It further explains the application of Rule 36(4) of the CGST Rules, which limits the availing of ITC based on suppliers' reporting in GSTR-1.</p><p><strong>Key Highlights:</strong></p><ul><li><strong>Background of ITC Discrepancies</strong>: The circular addresses the challenges that arise when there are differences between the ITC claimed in GSTR-3B and the details available in GSTR-2A. This discrepancy mainly occurs due to the partial reporting of supplier invoices, as allowed by Rule 36(4) from 2019 onwards.</li><li><strong>Application of Rule 36(4)</strong>: Rule 36(4) allows businesses to claim additional ITC beyond what is reported in GSTR-2A, with limits set at 20% for FY 2019-2020, 10% for FY 2020-2021, and 5% from January 2021 onwards. The circular clarifies that the additional credit can be claimed but must adhere to the limits based on the credit available in GSTR-2A.</li><li><strong>Clarification on Excess Credit</strong>: For the periods from 2019 to 2021, if the credit availed exceeds the permissible limit, the excess credit will not be admissible. For example, if a registered person claims ITC of Rs. 5,00,000 in GSTR-3B while GSTR-2A shows Rs. 3,00,000, only up to Rs. 3,60,000 (20% above Rs. 3,00,000) would be permissible for FY 2019-2020.</li><li><strong>No ITC from 2022 Onwards</strong>: The circular confirms that from 1st January 2022 onwards, ITC can only be claimed to the extent communicated in GSTR-2B, ensuring better alignment between what is claimed and what is reported by suppliers.</li><li><strong>Cumulative Adjustments</strong>: For certain periods (like February to August 2020), ITC eligibility was adjusted cumulatively. Businesses need to consider these provisions when filing returns for these periods.</li><li><strong>Impact on Ongoing Scrutiny</strong>: The guidelines apply to ongoing audits, investigations, and adjudication processes for the period from 1st April 2019 to 31st December 2021. It is important to note that these clarifications do not apply to completed proceedings but will guide ongoing or pending cases.</li></ul><p>This clarification aims to bring consistency in the application of ITC rules and ensures that businesses comply with the tax laws while adjusting for discrepancies in their ITC claims.</p><p><a href="https://cms.plasament.com/storage/chirag-singla/circular-cgst-193.pdf">circular-cgst-193</a><br> </p>