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Concept of Input Tax Credit: © Indirect Taxes Committee, ICAI
Concept of Input Tax Credit: © Indirect Taxes Committee, ICAI
Concept of Input Tax Credit: © Indirect Taxes Committee, ICAI
Mr Rajesh manufactures output ‘B’ using input ‘A’. GST that he paid at 12% on
his purchase of Rs 1,00,000 of input ‘A’ is Rs 12,000. After value addition to
input ‘A’, he sold output ‘B’ at the price of Rs 1,50,000 by levying tax of Rs
18,000 at 12% on his customer. Before paying the tax that he collected from the
customer to the government, he deducts the tax of Rs 12,000 that he already paid
on his input to his supplier and pays the remaining balance of Rs 6,000 to the
government.
© Indirect Taxes Committee, ICAI
Principles on Input Tax Credit 3
System for a seamless flow of credit
Extends to inter-State supplies
Credit utilization would be as follows [Sec 49(5)]:
Allowed for Payment of
Credit of:
IGST CGST SGST
IGST (1) (2) (3)
CGST (2) (1)
SGST (2) (1)
Tax on Output
IGST on input 1st Priority 2nd Priority 3rd Priority 4th Priority Not Available
CGST on input 2nd Priority 1st Priority Not Available Not Available Not Available
SGST on input 2nd Priority Not Available 1st Priority Not Available Not Available
UTGST on input 2nd Priority Not Available Not Available 1st Priority Not Available
Compensation
cess Not Available Not Available Not Available Not Available Not Available
Note:
• Credit only upon receipt of the last lot/ instalment in case of goods received in lots / instalments.
• Goods deemed to be received by a taxable person when the supplier delivers the goods to the
recipient/ any other person, on the direction provided by the taxable person to the supplier.
• Exception in case of goods being directly sent to job worker
• If the recipient of services fails to pay (value + tax) within 180 days from date of invoice, (ITC
availed + interest @ 18%) shall be added to his output tax liability. ITC available when amount
discharged later
The recipient of input goods or services should make payment to the supplier
within 180 days from the date of issue of invoice by the supplier. Otherwise, ITC
shall have to be reversed.
Example: Tripura Hardwares Ltd. is a registered dealer under GST. It received
goods from its supplier with the invoice dated August 13, 2018 for amount
Rs 2,24,000 (value of supply is Rs 2,00,000 and GST is Rs 24,000). According to
GST Act, when should it pay Rs 2,24,000 to its supplier. If it makes the payment on
April 10, 2019, what next?
On or before February 9, 2019 within 180 days from August 13, 2018. If it makes
payment on April 10, 2019. If not paid, it has to show Rs 24,000 as output tax for
March 2018 while uploading GSTR 2 of March 2018. It has to pay interest at the
rate of 18% p.a. from August 13, 2018 till the date of payment of tax of Rs 24,000.
It can re-avail input credit of Rs 24,000 in April when it makes payment to the
supplier. Time limit specified above for availing ITC is not applicable in this case.
© Indirect Taxes Committee, ICAI
ITC in case of Capital Goods 11
Example:
Cost of asset = Rs. 500000
GST -12%(say) = Rs. 60000
Total Cost Rs. 560000
“capital goods” means the goods, the value of which is capitalized in the books of accounts of the
person claiming the credit and which are used of intended to be used in the course or furtherance
of the business
© Indirect Taxes Committee, ICAI
ITC on the Basis of use of Inputs – Sec 17 12
“input” means any goods other than capital goods used or intended to be used by a supplier in the course
or furtherance of business
“input service” means any service used or intended to be used by a supplier in the course or furtherance
of business
M/S traders, a furniture dealer bought furniture worth Rs 2,00,000 by paying GST at 12%.
Total value of supplies with tax is Rs 2,24,000. Out of this, Rs 1,00,000 worth of furniture
has been used for personal purpose.
Alternative to apportionment between taxable and exempt supplies in case of banking companies
and financial institutions:
• Yearly option to avail a standard rate of 50% of eligible ITC on inputs, capital goods and input
services on a monthly basis
• 50% shall not be applied on tax paid on supplies made by one registered person to another
registered person having same PAN
© Indirect Taxes Committee, ICAI
Restrictions on ITC – Sec 17(5)
Blocked credits 15
a) Motor Vehicles
Transportation of goods , or
Making the following taxable services:
ITC for Motor Except i. Further supply of such vehicles /
Vehicles will when conveyances, or
NOT be they are ii. Transportation of passengers, or
available used for iii. Training for driving / flying /
navigating such vehicles /
conveyances
Note: Where any amount has been paid on goods and / or services, in lieu of tax, under
composition scheme, no credit on such amount would be allowed.
Maruti true value purchases a car for resale. Can it avail ITC?
It can avail ITC, as it is for further supply of such vehicles or conveyances
Life / health
Rent-a-cab
Insurance
Goods lost, stolen, destroyed, written off or disposed of by way of gift or free supplies and
Any tax paid in accordance with the provisions of sections 74, 129 and 130 (fraud cases).
Plant and machinery means means apparatus, equipment, and machinery fixed to earth by foundation
or structural support that are used for making outward supply of goods or services or both and includes
such foundation and structural supports but excludes— (i) land, building or any other civil structures;
(ii) telecommunication towers; and (iii) pipelines laid outside the factory premises.
-Rent a cab, life insurance and health insurance -Except where the services are notified as obligatory -Travel benefits (LTC or
for an employer to provide an employee HTC etc.)
-Works contract services when supplied for construction -Except where such immovable property is plant and -Goods/services on
of an immovable property machinery or it is an input service for further supply which tax paid by a
of works contract service person Composition
Scheme
-Goods/services used for
-Goods/services received by a taxable person for -Except where such immovable property is plant and
personal consumption
construction of an immovable property on his account machinery
even when used in the course or furtherance of business
business
Availment
On the day
Person applied for
immediately
Voluntary Same as above
preceding the date of
Registration
registration
© Indirect Taxes Committee, ICAI
24
i. October 20, 2018 (due date of furnishing of GST return for September
2018) or
ii. Date of filing of annual return for the financial year 2017-18 (due date is
December 31, 2018)
whichever is earlier.
He is eligible for input tax credit on input held in stock as on November 9, 2018.
The closing stock on November 9, 2018 is worth Rs 1,00,000. Out of which Rs
20,000 worth of stock was bought and was invoiced on September 10, 2017 and
GST on such invoice was Rs 1,000. Is ITC available on Rs 1,000
ITC is not available.
Mr. Tripathi manufactures and sells plastic toys and his aggregate turnover is Rs 12 lakh.
He applied for GST registration voluntarily on November 12, 2018 and GSTIN was
allotted on November 16, 2018.
ITC is available to him on input held in stock as on November 15, 2018.
ITC is not available to him after the expiry of 1 year from the date of issue of tax invoice
relating to such supply
filing Date
ITC available in
On the day 2. Return filing date
respect of: for September of
immediately
Registered taxable a) Inputs/ Capital the following FY
preceding the date
person ceases to pay Goods
from which he
composition tax b)Semi-finished
becomes liable to
Good
pay tax u/s 8
c)Finished Goods
One Year from the
date of issue of tax
On the day invoice 18(2)
Where exempt immediately
supply become Same as above preceding the date
taxable supply on which supply
becomes taxable
Mr. Akash is in the business of selling gift items. He opted for Composition
Scheme and pays GST at 1% rate. His aggregate turnover crosses threshold
exemption of Rs 1 cr. Consequently, he ceases to pay under composition scheme
from October 16, 2018. From when is he eligible to take ITC?
He is entitled to take input tax credit on input stock held on October 15, 2018.
However, credit on capital goods shall be computed proportionately for
remaining useful life of the asset.
For example, fresh milk is exempt under GST as of now. If government
announces it as taxable, similar clause as above is applicable.
Entitled to credit of
Relevant Date: As on
input tax w.r.t inputs
Person liable for the preceding date on
held in stock, semi-
registration u/s 25(3) which registration is
finished or finished
granted
goods
Credit on Capital Goods to be available after reducing 5% per quarter of a year or part from the
date of invoice or such other document on which capital goods were received by taxable person
© Indirect Taxes Committee, ICAI
Conditions for claiming credit under – Sec
18(1) 32
Purchase invoice should not be earlier than 1 year from the relevant date
Declaration in Form GST ITC-01 to be filed within 30 days from the date
of him becoming eligible
Transfer of Unutilized
On account of: ITC in the books
Sale, allowed to such:
Change in
Merger, Sold,
Constitution of
Demerger, Merged,
Registered Taxable
Amalgamation, Demerged,
Person
Lease, or Amalgamated,
Transfer of business Leased, or
Transferred Business
ITC shall be apportioned in the ratio of value of assets of the new units in case of demerger scheme
Transferor to submit certificate from a practicing Chartered Accountant certifying whether the sale /
merger / de-merger / amalgamation / lease / transfer has been done with specific provision for transfer
of liabilities
Amount equivalent to the credit of input tax in respect of input held in stock or input
contained in semi-finished goods or finished goods held in stock and capital goods as
on appointed day
Such amount shall be payable by debiting the electronic credit ledger or cash
ledger
Mr. Ganguli purchases a machinery on August 10, 2017 by paying GST of Rs 5,00,000.
He avails ITC on the said amount immediately. He opts for composition scheme from
January 5, 2018. Since, ITC is not available under composition scheme, ITC that was
availed in August 2017 will have to be reversed.
Assuming useful life of machinery is 5 years (60 months), life of asset used is
approximately 5 months (from August 10 to January 5) and remaining life is 55 months.
ITC will have to be reversed proportionately 5 lakh ×55/60 = Rs 4,58,333.
If he has balance of Rs 1,00,000 in his electronic credit ledger, after reversing of ITC to
the extent of balance available, he has to pay the balance of Rs 3,58,333 through
electronic cash ledger. If balance in his electronic credit ledger is Rs 6,00,000, after
reversing the whole amount of Rs 4,58,333, the remaining balance of Rs 1,41,667 will
lapse.