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Itc (Incl. Transitional Provisions), Isd, Cross Utilization of Igst & Fund Transfer
Itc (Incl. Transitional Provisions), Isd, Cross Utilization of Igst & Fund Transfer
TRANSITIONAL PROVISIONS),
ISD,
CROSS UTILIZATION OF IGST
&
FUND TRANSFER
2
ITC LEGAL PROVISIONS.…
Definitions:
Section 2(5): Agent
Section 2 (20): Capital goods
Section 2 (41): Electronic credit ledger
Section 2 (54): Inputs
Section 2 (55): Input services
Section 2 (57) / 2(1)(d) of IGST Act: Input tax
Section 2 (58) / 2(1)(e) of IGST Act: Input Tax Credit
(ITC)
Section 2 (61): Inward supply
Section 2 (72) / 2(1)(g) of IGST Act: Output tax
Section 2 (73): Outward supply
3
….ITC LEGAL PROVISIONS….
Definitions:
Section 2 (75): Place of business
Section 2(77): Principal
Section 2 (85): Reverse charge
Section 2 (92) r/w section 3: Supply
Section 2 (106) r/w section 27(3): Valid return
Section 8: Composition Levy
Section 16: Manner of taking ITC
Section 19(3): Voluntary Registration
Section 25, 26 & 27: Return
Section 28: Claim of ITC & provisional acceptance thereof
Section 29: Matching, reversal & reclaim of ITC
4
….ITC LEGAL PROVISIONS….
Section 35 (2) / 7 (2) of IGST Act: Credit of self-assessed ITC
in electronic credit ledger
Section 35 (4) / 7 (4) of IGST Act: Utilisation of ITC
Section 35 (5) / 7(5) of IGST Act: Cross – utilisation of ITC
Section 38 (2): Refund of unutilised ITC
Transitional provisions:
Section 143: Transfer of credit carried forward in return
Section 144: Transfer of unavailed credit of capital goods
not carried forward in return
Section 145: Transfer of credit of eligible duties and taxes
in certain situations
5
….ITC LEGAL PROVISIONS
Transitional provisions:
Section 146: Transfer of credit of eligible duties and taxes
for a person switching over from composition to normal
scheme
Section 147: Reversal of credit while switching over to
composition from normal scheme
Section 155: Claim of credit to be disposed of under the
earlier law
Section 162A: Credit of tax paid on goods lying with
agents
Section 162B: Credit of tax paid on capital goods lying
with agents
6
INPUT TAX CREDIT: CONCEPTS….
Input tax credit means credit of input tax - section 2 (58)
Input tax means - section 2 (57):
Basket of CGST & IGST under CGST Act
Basket of SGST & IGST under SGST Act
Basket of CGST, SGST & IGST under section 2(1) (d) of
IGST Act
Tax charged on supply of goods and / or services used or
intended to be used
in the course of business
in furtherance of business
Includes tax paid on reverse charge basis under section
7(3)
7
….INPUT TAX CREDIT: CONCEPTS….
Input means - section 2 (54):
any goods (subject to certain exceptions) other than capital
goods
used or intended to be used by supplier
for making an outward supply in the course or furtherance of
business
Capital goods specified in section 2 (20)
Input services means - section 2 (55):
any services (subject to certain exceptions)
used or intended to be used by supplier
for making an outward supply in the course or furtherance of
business
Exceptions (Negative list) - section 16(9)
8
….INPUT TAX CREDIT: CONCEPTS….
Electronic credit ledger means ITC ledger in electronic form
maintained at GSTN - section 2 (41)
Inward supply means receipt of goods and / or services whether by
purchase, acquisition or any other means and whether or not for
consideration – section 2 (61)
Output tax means CGST / SGST chargeable on taxable supply of
goods and / or services made by him or by his agent and excludes
tax payable on reverse charge basis – section 2 (72) / IGST
chargeable – section 2(1)(g) of IGST Act
Outward supply means supply of goods and / or services whether
by sale, transfer, barter, exchange, licence, rental, lease or disposal
made or agreed to be made in the course or furtherance of business
except such supplies where tax is payable on reverse charge basis –
section 2 (73)
9
….INPUT TAX CREDIT: CONCEPTS
Place of Business includes a place from where the business is
ordinarily carried on and includes a warehouse, a godown or any
other place where a taxable person stores his goods, provides or
receives goods and / or services or where he maintains his books of
accounts or where he is engaged in business through an agent -
section 2 (75)
Reverse charge means the liability to pay tax by the recipient
instead of the supplier in respect of such categories of supplies as
notified under section 7(3) – section 2 (85)
Supply means the supply as per section 3 – section 2(92)
Valid return means return filed with payment of full tax as self
assessed as per the said return – section 2 (106) r/w section 27(3)
10
WHO IS ELIGIBLE FOR ITC
Every registered taxable person - section 16(1)
A person who has applied for registration within 30 days of becoming
liable for registration - section 16(2):
entitled to ITC of input tax in respect of goods held in stock* (inputs as such
and inputs contained in semi-finished or finished goods) held in stock on the
day immediately preceding the date from which he becomes liable to pay tax
A person who has taken voluntary registration u/s 19(3) - section
16(2A):
entitled to ITC of input tax in respect of goods held in stock* on the day
immediately preceding the date of registration
A person switching over to normal scheme from composition scheme u/s
8 - section 16(3):
entitled to ITC of input tax in respect of goods held in stock* on the day
immediately preceding the date from which he becomes liable to pay tax as
normal taxpayer
11
FEATURES OF ITC PROVISIONS….
Full ITC allowed on capital goods in one go
ITC of input tax paid on goods and / or services used for
making taxable supplies by a taxable person allowed subject
to fulfillment of four conditions – section 16(11):
he should be in possession of tax paying document issued by a
supplier;
he has received the goods and / or services;
the tax charged on such supply has been actually paid to the
government;
he has furnished the return
ITCentitlement only on receipt of last lot of goods where
goods are received in lots / instalments – proviso to section
12
16(11)
….FEATURES OF ITC PROVISIONS….
16
….FEATURES OF ITC PROVISIONS….
17
….FEATURES OF ITC PROVISIONS….
19
TRANSITIONAL PROVISIONS .…
ITC
carried forward in the last return furnished under earlier law
admissible as ITC in GST regime - section 143
credit should have been admissible under the earlier law
credit should be admissible under the present law
credit so availed but found to be recoverable as a result of proceedings
under the earlier law – to be recovered under the present law
24
INPUT SERVICE DISTRIBUTOR
(ISD)
25
ISD LEGAL PROVISIONS
28
….FEATURES OF ISD PROVISIONS.…
ISD provision is required to transfer ITC on input services availed
in one office but the said services are actually used in different
units registered in different States or business verticals located in
a State
ISD may distribute credit, if ISD & recipient are located in
different States, of – section 17(1)
CGST as IGST
IGST as IGST
SGST as IGST
ISD may distribute credit, if ISD & business verticals are located
in same State, of – section 17(2)
CGST & IGST as CGST
SGST & IGST as SGST
29
….FEATURES OF ISD PROVISIONS….
Relevant period:
if all the recipients of credit have turnover in the FY preceding
the year during which credit is to be distributed – the said FY
if some of recipients of credit do not have turnover in the FY
preceding the year during which credit is to be distributed –
the last quarter for which details of turnover of all recipients
are available preceding the month during which credit is to be
distributed
Recovery from ISD in case of excess distribution by him
- section 18(1)
Recovery from supplier (i.e. receipient of credit) in case
of inter se excess distribution by ISD - section 18(2)
31
TRANSITIONAL PROVISIONS
ITC carried forward in the last return furnished under
earlier law admissible as ITC in GST regime - section 143
credit should have been admissible under the earlier law
credit should be admissible under the present law
credit so availed but found to be recoverable as a result of proceedings
under the earlier law – to be recovered under the present law
32
CROSS UTILIZATION OF IGST
&
FUND TRANSFER
33
CROSS UTILIZATION & FUND TRANSFER….
43
….CAPITAL GOODS
motor vehicle designed for transportation of goods including their
chassis registered in the name of the supplier of service, when used for
supplying the service of renting of such motor vehicle; or
transportation of inputs and capital goods used for supply of service; or
supply of courier agency service
INPUT CAR
A B DEALER C CONSUMER
MANUFACTURER MANUFACTURER
TAX INVOICE B
TAX INVOICE A COST = 100 TAX INVOICE C
VALUE = 100 VALUE = 110 COST = 121
CENVAT = 10 CENVAT = 11 VALUE = 133.10
VAT = 11 VAT = 12.10 VAT = 13.31
47
INVOICE VALUE = 121 INVOICE VALUE = 133.10 INVOICE VALUE = 146.41
GST SCENARIO
(INTRA STATE TRADE OF GOODS) CGST = 10%
SGST = 10%
STATE TAX SGST = 12.10 VALUE ADDITION = 10%
TOTAL = ITC = (11) ITC = INPUT TAX CREDIT
SGSTS=10
RS.12.10 Cash = 1.10
(10+1+1.10)
SGST = 11
ITC = (10)
Cash= 1
INPUT CAR
DEALER CONSUMER
MANUFACTURER A MANUFACTURER B C
Invoice Value = 121
(-) ITC CENVAT = 10
CENVAT = 11 (-) ITC VAT = 11__ CENVAT = 10%
ITC = (10) Cost = Invoice Value
100 = 123.42
VAT = 10%
(+) Entry Tax = 3___
Cash = 1 CST = 2%
Cost = 126.42
CENTRAL VALUE ADDITION = 10%
TAX TOTAL ITC = INPUT TAX
= Rs.11 CREDIT
E 10
CENVAT= (10+1)
TAX INVOICE B
TAX INVOICE A COST = 100 TAX INVOICE C
VALUE = 110 COST = 126.42
VALUE = 100
CENVAT = 11 VALUE = 139.06
CENVAT = 10
VAT = 11 CST = 2.42 VAT = 13.91
49
INVOICE VALUE = 152.97
INVOICE VALUE = 121 INVOICE VALUE = 123.42
GST SCENARIO
(iNTER STATE TRADE OF GOODS) STATE (Y)
STATE (X) SGST = 12.22 TAX TOTAL =
SGSTS= 10 TAX TOTAL IGST = (9.78) RS. 12.22
= RS. 1.10 Cash = 2.44 (2.44 +
(10-10*+ 9.78**)
1.10) ADDL.
TAX =
1.10
INPUT CAR
DEALER CONSUMER
MANUFACTURER A MANUFACTURER B C
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