A supplier issued an invoice in the month of December to his customer for which he didn't receive the payment i.e., Customer didn't pay the amount of invoice and hence the supplier did not actually collect the GST amount from his customer till the due date of December Month's GSTR-3B i.e., 22/01/2020 (extended from 20.01.2020 to 22.01.2020 due to system failure).The customer asked for some more time for payment. So, My question is whether i have to disclose this invoice in GSTR-1 of December and not paying the same in GSTR-3B December since the supplier did not collect tax?? And this will create a difference in turnover betweeen GSTR-1 and GSTR-3B December. Is this the correct thing to do?? or else, is there any other solutions??
Hi Prasanna Kadali Ji,
As per GST ACT, 2017 liablity to pay tax arises when suppy made by supplier like in your case same has been made in the month of December, so you have to show the sale in GSTR-1 and also you have to pay tax by 20.01.2020 (or extended date).
Further also for claiming the Input tax there are certain conditions under section 16 of CGST ACT out of which one condition is the buyer has to pay the consideration to Supplie within a period of 180days, otherwise the amount of input tax claimed by him has to be reversed by him after adding the interest @ 18%.
for further clarification please feel free to contact at +91-8587078217 (CA. Gaurav Gupta)
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