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Section 43 of GST - Matching, Reversal and Reclaim of Reduction

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HOME » GST » GST SECTIONS » Section 43 of GST – Matching, reversal and reclaim of
reduction in output tax liability

Section 43 of GST – Matching, reversal


and reclaim of reduction in output tax
liability
June 26, 2021

by GST

Table of Contents
1.
Section 43 of GST
2.
Introduction
3.
Analysis
4.
Additional Comments:

Section 43 of GST – Matching, reversal and reclaim of


reduction in output tax liability. All Details for GST Section
43, In this section you may find all details for Matching,
reversal and reclaim of reduction in output tax liability.
Detailed Analysis of GST Section 43 of GST Act 2017 –
Matching, reversal and reclaim of reduction in output tax
liability.

Must Read – List of all sections of GST

Section 43 of GST
(1) The details of every credit note relating to outward
supply furnished by a registered person (hereinafter referred
to in this section as the ‘supplier’) for a tax period shall, in
such manner and within such time as may be prescribed, be
matched –

(a) with the corresponding reduction in the claim for input


tax credit by the corresponding registered person
(hereinafter referred to in this section as the ‘recipient’) in
his valid return for the same tax period or any subsequent
tax period, and
(b) for duplication of claims for reduction in output tax
liability
(2) The claim for reduction in output tax liability by the
supplier that matches with the corresponding reduction in
the claim for input tax credit by the recipient shall be finally
accepted and communicated, in the manner as may be
prescribed, to the supplier

(3) Where the reduction of output tax liability in respect of


outward supplies exceeds the corresponding reduction in
the claim for input tax credit or the corresponding credit
note is not declared by the recipient in his valid returns, the
discrepancy shall be communicated to both such persons in
the manner as may be prescribed.

(4) The duplication of claims for reduction in output tax


liability shall be communicated to the supplier in such
manner as may be prescribed.

(5) The amount in respect of which any discrepancy is


communicated under sub-section (3) and which is not
rectified by the recipient in his valid return for the month in
which discrepancy is communicated shall be added to the
output tax liability of the supplier, in such manner as may be
prescribed, in his return for the month succeeding the month
in which the discrepancy is communicated.

(6) The amount in respect of any reduction in output tax


liability that is found to be on account of duplication of
claims shall be added to the output tax liability of the
supplier in his return for the month in which such duplication
is communicated.
(7) The supplier shall be eligible to reduce, from his output
tax liability, the amount added under sub-section (5) if the
recipient declares the details of the credit note in his valid
return within the time specified in sub-section (9) of section
39.

(8) A supplier in whose output tax liability any amount has


been added under subsection (5) or sub-section (6), shall be
liable to pay interest at the rate specified under subsection
(1) of section 50 in respect of the amount so added from the
date of such claim for reduction in the output tax liability till
the corresponding additions are made under the said sub-
sections.

(9) Where any reduction in output tax liability is accepted


under sub-section (7), the interest paid under sub-section (8)
shall be refunded to the supplier by crediting the amount in
the corresponding head of his electronic cash ledger in such
manner as may be prescribed.

Provided that the amount of interest to be credited in any


case shall not exceed the amount of interest paid by the
recipient.

(10) The amount reduced from output tax liability in


contravention of the provisions of subsection (7) shall be
added to the output tax liability of the supplier in his return
for the month in which such contravention takes place and
such supplier shall be liable to pay interest on the amount so
added at the rate specified in sub-section (3) of section 50.

Introduction
This provision relates to matching, reversal and reclaim of
output tax liability due to discrepancy in the output tax
reduced by the supplier by way of issuing credit note and
corresponding reduction of input tax credit by the recipient.
However, the provisions of section 43 shall not be applicable
for the financial year 2017-18/18-19 as filing of details in
inward supplies in Form GSTR 2 and furnishing a monthly
return in Form GSTR 3 has been suspended for an indefinite
period.

However, still matching of reduction in output tax paid by the


supplier and reduction of corresponding input tax credit (If
availed earlier) will be verified by revenue authorities by
adopting different modes, such as, obtaining details through
jurisdiction of the recipient of supply, as the Government will
not be ready to forego revenue twice viz., (i) on account of
reduction in output tax liability by the supplier by way of
issuing credit note; and (ii) taking of input tax credit in full,
without reversing credit resulting due to credit note issued
by the supplier.

The said reduction in output tax liability can also be possible


on account of reduction of output tax liability by the supplier
which originally was due to duplication of output tax liability,
the procedure as said above would mutatis and mutandis
would apply

Analysis
A. Issuance of Credit note for reduction in output tax
liability:

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