ORDER NO. 01/2020-GST: RULE 117(1A) OF CGST RULES

Rule 117(1A) of the CGST Rules has been inserted to allow taxpayers to claim input tax credit (ITC) for invoices or debit notes that have not been uploaded by their suppliers.

The rule applies to invoices or debit notes that have been uploaded by the supplier but are not reflecting in the recipient's GSTR-2A.

Taxpayers can claim ITC for such invoices or debit notes only if they have paid the tax and the supplier has furnished the details in their GSTR-1.

The order clarifies that the ITC claim cannot exceed 10% of the eligible credit available in the GSTR-2A.

Taxpayers must ensure that they have reconciled their books of accounts with the GSTR-2A before claiming ITC under Rule 117(1A).

The order also states that the ITC claim under Rule 117(1A) cannot be made in respect of invoices or debit notes that are more than one year old.

Taxpayers must ensure that they have complied with all the conditions of Rule 36(4) of the CGST Rules before claiming ITC under Rule 117(1A).