ITC not reflected in GSTR-2A to be allowed only to the extent of 20%-Due date of Tran-1 and Tran-2 extended in some cases

The CGST Rules have been amended vide notification no 49/2019 CGST dated 09.10.2019. Two of the most important amendments are highlighted herebelow:   

1.   Input tax credit of Invoices not reflected in GSTR-2A to be allowed only to the extent of 20%  of eligible credit: Rule 36 has been amended so as to insert new sub-rule 4  which lays down that a registered person can claim input tax credit in respect of invoices or debit notes not reflected in GSTR-1  by his supplier only to the extent of 20% of his total eligible credit available in respect of invoices or debit notes the details of which have been uploaded by the suppliers in their GSTR-1.

This is a very important amendment which means that credit of invoices not reflected in GSTR-2A    can be claimed only to the extent of 20% of the eligible credit which is reflected in GSTR-2A of a registered person. It is worth mentioning here that invoices uploaded in GSTR-1 are reflected in GSTR-2A authomatically.

The newly inserted Rule 36(4) is as under:

“(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 uploaded by the suppliers under sub-section (1) of section 37, shall not exceed 20 per cent. of the eligible credit available in respect of invoices or debit notes the details of which have been uploaded by the suppliers under sub-section (1) of section 37.”

It is worth mentioning here that section 43A of the CGST Act, 2017 which lays down that the procedure may be laid down so as to restrict ITC not more than 20% of the ITC available, is yet to be notified. It is very strange that without being Section 43A made operative how Rule 36(4) has been inserted.

2.    Due date of filing  Tran-1 and Tran-2 in case of technical glitches extended: Rule 117 has been suitably amended so as to provide that due date of filing Tran-1 is extended from 31^st March, 2019 to 31^st December, 2019 and in case of Tran-2 from 30^th April, 2019 to 31^st January, 2020, in respect of registered persons who could not submit it by the due date on account of technical difficulties and in respect of whom the GST council has made a recommendation.  

Both the above amendments are applicable wef 09.10.2019.

Download Notification No. 49/2019 CGST herebelow

http://www.cbic.gov.in/resources//htdocs-cbec/gst/notfctn-49-central-tax-english-2019.pdf;jsessionid=0FB6F3992ABB056CF49CBA5B7F3E56FD