Benefit of Circular No.183/15/2022 extended to period 01.04.2019 to 31.12.2021

As per the recommendations of the Council in its 48th meeting, Circular No. 183/15/2022-GST dated 27th December, 2022 was issued to provide for the procedure for verification of input tax credit in cases involving difference in Input Tax Credit availed in FORM GSTR-3B vis a vis that available as per FORM GSTR-2A during FY 2017-18 and 2018-19.

To provide further relief to the taxpayers, the Council recommended for further issuance of a circular to provide for similar procedure for verification of input tax credit in cases involving difference in Input Tax Credit availed in FORM GSTR-3B vis a vis that available as per FORM GSTR-2A during the period 01.04.2019 to 31.12.2021.

Circular No.183/15/2022 deals with manner to deal with difference in Input Tax Credit (ITC) availed in FORM GSTR-3B as compared to that detailed in FORM GSTR-2A for FY 2017-18 and 2018-19.

It is interesting to note that Karnataka High Court has already extended the benefit of this circular to FY 2019-20 in addition to FY 2017-18 & FY 2018-19 in the below case.

Facts of case:

Petitioner made some supplies and issued tax invoice to M/s ABB Global Industries and Services Private Limited but while issuing invoice, petitioner mistakenly mentioned the GSTIN of some other party i.e. M/s ABB India Limited, which is a completely different and independent legal entity.

Petitioner has filed this petition seeking relief to allow it to rectify their GSTR-1 and allow the ITC claim to M/s ABB Industries and Services Private Limited.

Petitioner argues that having regard to the facts of the case, petitioner and M/s ABB Global Industries and Services Private Limited both are entitled for the benefit of Circular No.183/15/2022-GST dated 27.12.2022. 

Revenue:

:

GSTR-2A

:

GSTR-3B

:

Input Tax Credit

:

GST Council Meeting

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