Demand undertaking from your supplier of goods or services for filing of GSTR-1/IFF within due date under GST Act, 2017
As per Notification No. 49/2019 issued dated 9th October, 2019, Input Tax credit can be claimed in the month in which suppliers has filed the respective GSTR-1/IFF return and if duly reflected in GSTR 2A/B of recipient of goods or services.
In this regard, purchaser should demand declaration/undertaking from suppliers of goods/services that he will be file the GSTR-/IFF within due date so that buyer can claimed the ITC timely. If the supplier has made the default in filing of GSTR-/IFF beyond the prescribed due date then buyer will be not in positing to claimed the Input tax credit in the month in which such invoice is issued as per above notification. In such situation, Buyer should demand for compensation of loss of Interest @ 24% p.a. payable to Govt. in case of notice issued by Dept. where buyer has claimed the ITC on the basis on Invoice issued from the date of issue of invoice to date of uploading of GSTR-1/IFF.
Format of Declaration ;
DECLARATION
To,
Supplier Name ………..
Supplier GSTN ………….
Address :
Subject : declaration for filing of GSTR-1/IFF within due date for complying with Notification No. 49/2019 issued dated 9th October, 2019 of GST Act, 2017 for the FY 2021-22.
Dear Sir,
We have purchase the material/services from your reputed company. As you aware the as per Notification No. 49/2019 issued dated 9th October 2019 we can claimed the Input Tax credit charged in your invoices if you have filed the GSTR-1/IFF within due date prescribed under GST Act, 2017.
If you failed to file such GSTR-1/IFF within due date we will issue the debit note on your company for compensating the loss of Interest @ 24% p.a. along with applicable GST rate payable to Govt. for availing the ITC in the month of invoices issued by you.
Hence we are kindly requesting you to filed your GSTR-1/IFF within due date and help us in avoiding future notice from dept. on the ground of above said notification. ACCEPTANCE
We M/s……….. as a supplier of goods/services having GSTN no. ……….. do hereby declare that we will file our all GSTR-1/IFF return within due dates prescribed under GST Act, 2017 and we also agree to compensate you for loss of interest @ 24% p.a. in case of default in filing of GSTR-1/IFF beyond the prescribed due date from the date of Invoice to actual date of filing of GSTR-1/IFF.
Thanking You,
M/s. ………………..
Authorizing Signatory (Buyer) |
M/s. ………………..
Authorizing Signatory (Seller) |
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IFF is not compulsory, it’s Optional facility. It is always advisable to claim on the basis of 2A/2B & not on the basis of the invoice. even as per rules we can’t avail ITC more than 105% . Getting declaration is good idea but it depends on the understanding of Buyer & Seller.
1. IFF is not compulsory from the perspective of Dept. because they can not levy late fess for not filing of IFF. Dept. has made available the IFF only with the intention of passing of ITC to buyer in respective month this can be prove from in IFF only B2B invoices is allowed to upload.
2. If ITC claimed on the basis of 2A/B it blocked the working capital of buyer who has taken the CC from bank and paying the interest to bank if supplier has made the default in filing of GSTR-1/IFF. To compensate such interest cost, buyer should recovered the same from supplier for his default. Buyer should not be penalized due to default of seller.
1.IFF is not compulsory from the prospective of levy of late fees by Dept.. Dept. has provided the IFF facility for passing of ITC timely to buyer this can be proved from B2B Invoices only allowed in IFF.
2. taking ITC on the basis of 2A/B will lead to blocking of working capital of buyer. Buyer should not be penalised for the default of Seller.