GOVERNMENT OF KARNATAKA
(Department of Commercial Taxes)

No. KSA/GST.CR-05/2019-20

Office of the Commissioner of
Commercial Taxes
Vanijya Therige Karyalaya, Gandhinagar,
Bengaluru-560009

COMMISSIONER OF COMMERCIAL TAXES

Circular  No. GST- 16/2020-21 Dated:15-03-2021

Subject: Clarification relating to application of sub-rule (4) of rule 36 of the KGST Rules, 2017 for the months of February, 2020 to August, 2020 — reg.

Commissioner Of Commercial Taxes Circular No. GST-28/2019-20 Dated: 02-12-2019 was issued clarifying various issues relating to implementation of sub-rule (4) of rule 36 of the Karnataka Goods and Services Tax Rules, 2017 (hereinafter referred to as the KGST Rules) relating to availment of input tax credit (ITC) in respect of invoices or debit notes, the details of which have not been uploaded by the suppliers under sub-section (1) of section 37of the Karnataka Goods and Services Tax Act. 2017 (hereinafter referred to as the KGST Act) were clarified.

2. Keeping the situation prevailing in view of measures taken to contain the spread of COVID-19 pandemic, vide Notification (4-B/2020) No. FD 05 CSL 2020, dated 23.04.2020, it had been prescribed that the condition made under sub-rule (4) of rule 36 of the KGST Rules shall apply cumulatively for the tax period February, March, April, May, June, July and August, 2020 and that the return in FORM GSTR-3B for the tax period September, 2020 shall be furnished with the cumulative adjustment of input tax credit for the said months.

3. To ensure uniformity in the implementation of the said provisions across the field formations, this office, in exercise of its powers conferred under section 168(1) of the KGST Act hereby clarifies certain issues in succeeding paragraphs.

3.1 It is re-iterated that the clarifications issued earlier vide Circular No. GST-28/2019-20 Dated: 02-12-2019 shall still remain applicable, except for the cumulative application as prescribed in proviso to sub-rule (4) of rule 36 of the KGST Rules. Accordingly, all the taxpayers are advised to ascertain the details of invoices_ uploaded by their suppliers under sub-section (1) of section 37 of the KGST Act for the periods of February,  March, April, Mav, June. July and August. 2020, till the due date of furnishing of the statement in FORM GSTR-1 for the month of September. 2020 as reflected in GSTR-2As.

3.2 Taxpayers shall reconcile the ITC availed in their FORM GSTR-3Bs for the period February, 2020 to August, 2020 with the details of invoices uploaded by their suppliers of the said months, till the due date of furnishing FORM GSTR-1 for the month of September, 2020. The cumulative amount of ITC availed for the said months in FORM GSTR-3B should not exceed 110% of the cumulative value 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 of the KGST Act, till the due date of furnishing of the statements in FORM GSTR-1 for the month of September, 2020.

3.3 It may be noted that availability of 110% of the cumulative value 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 of the KGST Act does not mean that the total credit can exceed the tax amount as reflected in the total invoices for the supplies received by the taxpayer i.e. the maximum credit available in terms of provisions of section 16 of the KGST Act.

3.4 The excess ITC availed arising out of reconciliation during this period, if any, shall be required to be reversed in Table 4(B)(2) of FORM GSTR-3B, for the month of September, 2020. Failure to reverse such excess availed ITC on account of cumulative application of sub-rule (4) of rule 36 of the KGST Rules would be treated as availment of ineligible ITC during the month of September, 2020.

4. The manner of cumulative reconciliation for the said months in terms of proviso to sub-rule (4) of rule 36 of the KGST Rules is explained by way of illustration, in a tabulated form, below.

Table I

Tax period Eligible ITC as per the provisions of Chapter V of the CGST Act and the rules made thereunder, except rule 36(4) ITC availed by the taxpayer (recipient ) in GSTR-3B of the respective months Invoices on which ITC is eligible and uploaded by the suppliers till due date of FORM GSTR-1 for the tax period of September, 2020 Effect of cumulative application of rule 36(4) on availability of ITC.
Feb, 2020 300 300 270 Maximum eligible ITC in terms of rule 36 (4) is 2450 + [10% of 2450] =2695. Taxpayer had availed ITC of 2750. Therefore, ITC of 55 [2750-2695] would be required to be reversed as mentioned in para 3.4. above.
March,

2020

400 400 380
April, 2020 500 500 450
May, 2020 350 350 320
June, 2020 450 450 400
July, 2020 550 550 480
August,

2020

200 200 150
TOTAL 2750 2750 2450
ITC Reversal required to the extent of 55
September, 2020 500 385 350 10% Rule shall apply independently for September, 2020
In the FORM GSTR-3B for the month of September, 2020, the tax payer shall avail ITC of 385 under Table 4(A) and would reverse ITC of 55 under Table 4(B)(2)

5 The contents of the CCT F are modified to this extent.

6. Difficulty, if any, in implementation of this circular may please be brought to the notice of this office.

(SRIKAR M.S)
Commissioner of Commercial Taxes
(Karnataka), Bengaluru.

Commissioner of Commercial Taxes
Karnataka, Bangalore.

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All Officers of the Department in the state

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