Assessments made on the basis of GSTR-2B (up to 31st December 2021) may be denied on the ground of section 164(3) of CGST Act.
Section 164(3) states that Government has the power to give effect to rules not earlier than the date on which the provisions of this Act come into force.
Section 16(2)(aa) is notified from 1st January 2022. So Rule 36(4) has no legal validity up to 31st December 2021 on the basis of above.
One more ground is Article 265 of the Indian Constitution, which states that no tax shall be levied or collected except by the authority of law.
Section 16(2)(aa) of the CGST Act:
“(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”
Disclaimer: The article is solely for the purpose of providing information and do not contain any practical advice.
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