5% Provisional ITC Provisions Removed-Only ITC Reflected in GSTR 2B Can be Taken from 1st January 2022

The Central Board of Indirect Taxes and Customs (CBIC) has abolished 5% provisional Input Tax Credit (ITC), only ITC Reflecting in GSTR2B can be taken from 1st Jan 2022.

CBIC has notified provisions of sections 108, 109 and 113 to 122 of the Finance Act, 2021. It will be effective from 1st January 2022.

Section 109 of the Finance Act, 2021 seeks to amend section 16 of the Central Goods and Service Tax Act.

109. In section 16 of the Central Goods and Services Tax Act, in sub-section (2), after clause (a), the following clause shall be inserted, namely:––

“(aa) the details of the invoice or debit note referred to in clause (a) has been furnished by the supplier in the statement of outward supplies and such details have been communicated to the recipient of such invoice or debit note in the manner specified under section 37;”.

Rule 36. Documentary requirements and conditions for claiming input tax credit.-

(1) The input tax credit shall be availed by a registered person, including the Input Service Distributor, on the basis of any of the following documents, namely,-

(a) an invoice issued by the supplier of goods or services or both in accordance with the provisions of section 31;

(b) an invoice issued in accordance with the provisions of clause (f) of sub-section (3) of section 31, subject to the payment of tax;

(d) a bill of entry or any similar document prescribed under the Customs Act, 1962 or rules made thereunder for the assessment of integrated tax on imports;

(e) an Input Service Distributor invoice or Input Service Distributor credit note or any document issued by an Input Service Distributor in accordance with the provisions of sub-rule (1) of rule 54.

(2) Input tax credit shall be availed by a registered person only if all the applicable particulars as specified in the provisions of Chapter VI are contained in the said document, and the relevant information, as contained in the said document, is furnished in FORM GSTR-2 by such person:

¹[Provided that if the said document does not contain all the specified particulars but contains the details of the amount of tax charged, description of goods or services, total value of supply of goods or services or both, GSTIN of the supplier and recipient and place of supply in case of inter-State supply, input tax credit may be availed by such registered person.]

(3) No input tax credit shall be availed by a registered person in respect of any tax that has been paid in pursuance of any order where any demand has been confirmed on account of any fraud, willful misstatement or suppression of facts.

²[(4) Input tax credit to be availed by a registered person in respect of invoices or debit notes, the details of which have not been ³[furnished] by the suppliers under sub-section (1) of section 37, ⁴[in FORM GSTR-1 or using the invoice furnishing facility] shall not exceed ⁵[5 per cent.] of the eligible credit available in respect of invoices or debit notes the details of which have been ⁶[furnished] by the suppliers under sub-section (1) of section 37 ⁷[in FORM GSTR-1 or using the invoice furnishing facility].

⁸[Provided that the said condition shall apply cumulatively for the period February, March, April, May, June, July and August, 2020 and the return in FORM GSTR-3B for the tax period September, 2020 shall be furnished with the cumulative adjustment of input tax credit for the said months in accordance with the condition above.]

⁹[Provided further that such condition shall apply cumulatively for the period April, May and June, 2021 and the return in FORM GSTR-3B for the tax period June, 2021 or quarter ending June, 2021, as the case may be, shall be furnished with the cumulative adjustment of input tax credit for the said months in accordance with the condition above.]

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