Sec 38 – Furnishing details of inward supplies

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Sec 38 – Furnishing details of inward supplies 2017-04-14T14:47:18+00:00

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  • Ashish BadalaCA Ashish Badala
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    (1) Every registered person, other than an Input Service Distributor or a non-resident taxable person or a person paying tax under the provisions of section 10 or section 51 or section 52, shall verify, validate, modify or delete, if required, the details relating to outward supplies and credit or debit notes communicated under sub-section (1) of section 37 to prepare the details of his inward supplies and credit or debit notes and may include therein, the details of inward supplies and credit or debit notes received by him in respect of such supplies that have not been declared by the supplier under sub-section (1) of section 37.
    (2) Every registered person, other than an Input Service Distributor or a non-resident taxable person or a person paying tax under the provisions of section 10 or section 51 or section 52, shall furnish, electronically, the details of inward supplies of taxable goods or services or both, including inward supplies of goods or services or both on which the tax is payable on reverse charge basis under this Act and inward supplies of goods or services or both taxable under the Integrated Goods and Services Tax Act or on which integrated goods and services tax is payable under section 3 of the Customs Tariff Act, 1975, and credit or debit notes received in respect of such supplies during a tax period after the tenth day but on or before the fifteenth day of the month succeeding the tax period in such form and manner as may be prescribed:
    Provided that the Commissioner may, for reasons to be recorded in writing, by notification, extend the time limit for furnishing such details for such class of taxable persons as may be specified therein:
    Provided further that any extension of time limit notified by the Commissioner of State tax or Commissioner of Union territory tax shall be deemed to be notified by the Commissioner.
    (3) The details of supplies modified, deleted or included by the recipient and furnished under sub-section (2) shall be communicated to the supplier concerned in such manner and within such time as may be prescribed.
    (4) The details of supplies modified, deleted or included by the recipient in the return furnished under sub-section (2) or sub-section (4) of section 39 shall be communicated to the supplier concerned in such manner and within such time as may be prescribed.
    (5) Any registered person, who has furnished the details under sub-section (2) for any tax period and which have remained unmatched under section 42 or section 43, shall, upon discovery of any error or omission therein, rectify such error or omission in the tax period during which such error or omission is noticed in such manner as may be prescribed, and shall pay the tax and interest, if any, in case there is a short payment of tax on account of such error or omission, in the return to be furnished for such tax period:
    Provided that no rectification of error or omission in respect of the details furnished under sub-section (2) shall be allowed after furnishing of the return under section 39 for the month of September following the end of the financial year to which such details pertain, or furnishing of the relevant annual return, whichever is earlier.

    Priya MadrechaPriya Madrecha
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    38.1    Introduction
    This provision relates to furnishing of details of inward supplies by the recipient
    38.2    Analysis
    (a)    In respect of the return for outward supplies filed by the supplier of goods / services (under section 37) the receiver is required to match his receipts with the details of supplies filed by the supplier.
    (b)    The process flow as envisaged requires that the details of outward supplies as filed by the supplier, shall be made available to the recipient of such supply in Part A of FORM GSTR-2A after the 10th day of the subsequent month. The receiver is required to – verify, validate, modify or even delete, if necessary – the details furnished by the suppliers.
    Part B, Part C and Part D of the above Form GSTR-2A shall contain respectively details relating to ISD and Tax Deductions at Source and Tax Collections at Source
    (c)    Part A of FORM GTSR 2A shall contain the following details on an auto-populated basis

    S No      Content of FORM GSTR 1
    4     Inward supplies received from Registered Taxable Persons
    4A     Amendments to details of inward supplies received in earlier tax periods
    7     Details of Credit/Debit Notes
    7A     Amendment to Details of Credit/Debit Notes of earlier tax periods
    d.    The above details will then be validated by the recipient with reference to their records Now, these details as accepted by the recipient will be filed by them in the Format i.e. FORM GSTR-2 for inward supplies of the recipient.
    e.    This detail viz GSTR 2 , must be filed by the recipient of (goods/services) supplies within 15 days from the end of the relevant tax period. The Commissioner is empowered to notify any extension, for any class of taxable persons, with reasons to be recorded in writing.
    f.    Any modification, deletion or inclusion of inward supplies by the receiver in his inward return i.e. FORM GSTR-2 shall be communicated to the Outward supplier which will be visible to them as GSTR 1A.
    g.    GSTR 1A shall contain the following particulars auto drafted based on GSTR 2 filed by the recipient
    S No      Content of GSTR 1A
    5     Taxable outward supplies to a registered person
    5A     Amendments to details of Outward Supplies to a registered person of earlier tax periods
    8     Details of Credit/Debit Notes
    8A     Amendment to Details of Credit/Debit Notes of earlier tax periods
    h.    In case any error or omission is discovered in the course of matching as specified in the Act and discussed under Section 42 and 43 , rectifications of the same shall be effected and tax and interest, if any as applicable shall be paid on such corrections by the person responsible for filing the return of inward supplies
    i.    Such rectification, however, is not permitted after filing of annual return or the return for the month of September of the following financial year to which the details pertain whichever is earlier.
    Components of valid GST Return for Inward Supplies received by the Taxpayer    (GSTR-2):
    The information submitted in GSTR-1 by the Counterparty Supplier of the taxpayer will be auto-populated in the concerned tables of GSTR-2A. The same may be modified i.e. added or deleted by the Taxpayer. After modification in GSTR-2A, the FORM GSTR-2 shall be prepared. The recipient would be permitted to add invoices (not uploaded by the counterparty supplier) if he is in possession of invoices and has received the goods or services.
    1.    Basic details of the Taxpayer i.e. Name along with GSTIN
    2.    Period to which the Return pertains
    3.    Final invoice-level inward supply information pertaining to the tax period for goods and services separately
    S No      Content of FORM GSTR-2
    4     From Registered Taxable Persons including supplies received from unregistered person in case of reverse charge. If the supply is received in more than one lot, the invoice information should be reported in the return period in which the last lot is received and recorded in the books of accounts
    4A     Amendments to details of inward supplies received in earlier tax periods
    5     Goods /Capital goods received from Overseas (Import of goods). In respect of capital goods, there will be a field to capture appropriate information regarding availing ITC
    5A     Amendments in Goods /Capital goods received from Overseas (Import of goods) of earlier tax periods. In respect of capital goods, there will be a field to capture appropriate information regarding availing ITC
    6     Services received from a supplier located outside India (Import of services)
    6A     Amendments in Services received from a supplier located outside India (Import of services) of earlier tax periods
    7     Details of Credit/Debit Notes
    7A     Amendment to Details of Credit/Debit Notes of earlier tax periods
    8     Supplies received from composition taxable person/unregistered person & other exempt/nil/non-GST supplies
    9     ISD credit received
    10(1)     TDS Credit received
    10(2)     TCS Credit received
    11     ITC Received on an invoice on which partial credit availed earlier
    12     Tax liability under Reverse Charge arising on account of time of Supply without receipt of Invoice
    13     Tax already paid under Reverse Charge in earlier tax periods on account of time of supply for which invoices issued in the current period
    14     ITC Reversal
    14A     Amendment to ITC Reversal
    Auto-Population in this return from GSTR-1 will be done on or after 11th of the succeeding month in GSTR-2A. Verification, modification or Deletion of the invoice or Credit Note/Debit Note in GSTR-2A by the taxpayer will be permitted upto 15th of the succeeding month. Addition of Inward supplies would also be permitted upto 15th of the succeeding month.
    Rule 2 – Form and Manner of Furnishing details of inward supplies
    (1)    Every registered person required to furnish the details of inward supplies of goods or services or both received during a tax period under sub-section (2) of section 38 shall, on the basis of details contained in Part A, Part B, Part C and Part D of FORM GSTR-2A, prepare such details as specified in sub-section (1) of the said section and furnish the same in FORM GSTR-2 electronically through the Common Portal, either directly or from a Facilitation Centre notified by the Commissioner, after including therein details of such other inward supplies, if any, required to be furnished under sub-section (2) of section 38.
    (2)    Every registered person shall furnish the details, if any, required under sub-section (5) of section 38 electronically in FORM GSTR-2.
    (3)    The registered person shall specify the inward supplies in respect of which he is not eligible, either fully or partially, for input tax credit in FORM GSTR-2 where such eligibility can be determined at the invoice level.
    (4)    The registered person shall declare the quantum of ineligible input tax credit on inward supplies which is relatable to non-taxable supplies or for purposes other than business and cannot be determined at the invoice level in FORM GSTR-2.
    (5)    The details of invoices furnished by an Input Service Distributor in his return in FORM GSTR-6 under rule 7 shall be made available to the recipient of credit in Part B of FORM GSTR-2A electronically through the Common Portal and the said recipient may include the same in FORM GSTR-2.
    (6)    The details of tax deducted at source furnished by the deductor under sub–section (3) of section 39 in FORM GSTR-7 shall be made available to the deductee in Part C of FORM GSTR-2A electronically through the Common Portal and the said deductee may include the same in FORM GSTR-2.
    (7)    The details of tax collected at source furnished by an e-commerce operator under section 52 in FORM GSTR-8 shall be made available to the concerned person in Part D of FORM GSTR–2A electronically through the Common Portal and such taxable person may include the same in FORM GSTR-2.
    (8)    The details of inward supplies of goods or services or both furnished in FORM GSTR-2 shall include, inter-alia:
    (a)    invoice wise details of all inter-State and intra-State supplies received from registered persons or unregistered persons;
    (b)    import of goods and services made; and
    (c)    debit and credit notes, if any, received from supplier.
    Rule 23. Details of inward supplies of persons having Unique Identity Number
    (1)    Every person, who has been issued a Unique Identity Number and claims refund of the taxes paid on his inward supplies, shall furnish the details of such supplies of taxable goods or services or both in FORM GSTR-11 along with application for such refund claim either directly or through a Facilitation Centre, notified by the Commissioner.
    (2)    Every person, who has been issued a Unique Identity Number for purposes other than refund of the taxes paid, shall furnish the details of inward supplies of taxable goods or services or both as may be required by the proper officer in FORM GSTR-11.

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