The clause “(aa)” to Section 16(2) has been inserted vide Section 109 of the Finance Act, 2021 which was made applicable w.e.f. 01.01.2022 vide Notification No. 39/2021- Central Tax dated 21.12.2021. Further, consequent changes have been made in Rule 36(4) of CGST Rules, 2017 to align it with new clause (aa) of Section 16(2) of CGST Act, 2017. Accordingly, w.e.f. 01.01.2022, a registered person shall be able to avail ITC in respect of only those invoices or debit notes the details of which have been furnished by the supplier in their GSTR-1/IFF and are appearing in its auto-populated ITC statement in form GSTR2B.
GSTN has issued an advisory on availing of input tax credit as per law and GSTR2B. The advisory is as under for ready reference of our readers:
For some of the taxpayers, there was an issue in relation to duplicate entries in GSTR2B which has since been fixed and correct GSTR 2B has been generated.
In this regard, taxpayers while filing GSTR3B are advised to check and ensure that the value of ITC they are availing is correct as per the law.
They may check the correct ITC value from :
- download of Auto drafted ITC statement GSTR2B or
- pdf of System Generated GSTR3B or
- on the ITC observed on the mouse hover of Table 4 in GSTR3B,
particularly in any such case where there is any difference observed between the correct figures available at places as stated above and the prefilled GSTR3B observed on screen.
Source: GST Portal
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