Companies encounter questions regarding input tax credit claims

The tax authorities have started dispatching notices to businesses to seek details on input tax credit (ITC) claimed in place of GST paid by their vendors. Experts have confirmed that notices have been circulated in Haryana, Telangana, Gujarat, Andhra Pradesh, and a few other states.

As per the GST law, an ITC claimed by a company can be reversed when its vendor hasn’t made the tax payment in relation to the credit which is being claimed. However, there isn’t a way to find out if a vendor has paid GST or not.

The GST Network Portal permits only to view a registered person’s return filing status. It does not provide any information about whether the tax payment was made or not. A buyer will only be able to verify if a vendor has included an invoice in his/her GST filing.

Also Read: GST Council forms committee to study taxation of real estate sector under GST

Even if a company makes a tax payment to a vendor for which an ITC needs to be raised, it might not be feasible to find out whether a vendor has made a GST deposit or not. In such scenarios, asking the buyers to let go their input credits even though they have made the GST payment to their vendors already does not appear to be a reasonable proposition.

Experts have said that there needs to be an option to make use of non-reconciled input tax credits on an interim basis. With this step, businesses will not be forced to make cash payouts and also their working capital will not get blocked.

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