Rules Rule 36 of CGST Rules 2017 i.e. Documentary Requirements and Conditions for Claiming Input Tax Credit
Financial Year: 2017
Rule 36 of CGST Rules 2017
Documentary requirements and conditions for claiming input tax credit
(1)The input tax credit shall be availed
by a registered person, including the Input Service Distributor,
on the basis of any of the following documents, namely,-
(a) an invoice issued by the supplier of goods or services or both in accordance with the provisions of section 31;
(b) an invoice issued in accordance with the provisions of clause (f) of sub-section (3) of section 31, subject to the payment of tax; (i.e. Reverse Charge case)
(c) a debit note issued by a supplier in accordance with the provisions of section 34;
(d) a bill of entry or any similar document prescribed under the Customs Act, 1962 or rules made there under for the assessment of integrated tax on imports;
(e) an Input Service Distributor invoice or Input Service Distributor credit note or any document issued by an Input Service Distributor in accordance with the provisions of rule 54(1).
(2) Input tax credit shall be availed by a registered person
only if all the applicable particulars as specified in the provisions of Chapter VI are contained in the said document,
and the relevant information, as contained in the said document,
is furnished in FORM GSTR-2 by such person.
Provided that if the said document
does not contain all the specified particulars
but contains the details of the amount of
tax charged,
description of goods or services,
total value of supply of goods or services or both,
GSTIN of the supplier
and recipient and
place of supply in case of inter-State supply,
input tax credit may be availed by such registered person.
(3) No input tax credit shall be availed by a registered person in respect of any tax
that has been paid in pursuance of any order
where any demand has been confirmed
on account of any fraud, willful misstatement or suppression of facts.
(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 10 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.
Provided that the said condition shall apply cumulatively
for the period February, March, April, May, June, July and August, 2020
and 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 in accordance with the condition above.
Thanks
CA Rahul Gupta