Is Section 16(2)(aa) applicable for dec 21 or jan 22 GSTR3B. can we take 105% itc for Dec 21 return???
Answer: Tushant January 20, 2022 Answer:
Section 16(2)(aa) of CGST Act, 2017 which was inserted vide Section 109 of Finance Act, 2021 has been made applicable from 01/01/2022 vide Notification No. 39/2021 dated 21/12/2021.
Section 16(2)(aa) of CGST Act, 2017 is as follows:-
(aa) the details of the invoice or debit note referred to in clause (a) has been furnished by the supplier in the statement of outward supplies and such details have been communicated to the recipient of such invoice or debit note in the manner specified under section 37;
Thus, section 16(2)(aa) provides that ITC will be available only when Supplier has furnished the details in his GSTR -1 or we can say that 100% invoice matching has been made essential for GST ITC from 01/01/2022.
Accordingly, with the aforesaid amendment, Rule 36(4) which allows the recipient to claim ITC for the invoices which were not filed by the supplier in the GSTR-1, has lost its relevance considering the fact that the recipient shall be (01/01/22 onwards) unable to claim an ITC if that is not mentioned in the recipients GSTR-2A/2B.
Since, the said section has come into existence from 01st January, 2022, accordingly the said section would be applicable on return filing for the period December 2021.
