Input Tax Credit Under GST - Lunawat & Colunawat.com/Uploaded_Files/Presentation/InputTaxCredit-JPSC.pdfDemerger amalgamation Transfer of business Change in Constitution ITC Allowed

CA Rajesh Saluja

LUNAWAT & Co.

Input Tax Credit

Under GST

CA Rajesh Saluja

LUNAWAT & Co.

Input tax credit

Section – 16 – Eligibility and conditions for taking input tax credit

Section – 17 – Apportionment of credits and blocked credits Section – 18 – Availability of credit in special circumstances

Section – 19 – Recovery of Input Tax Credit and Interest thereon

Section – 20 – Taking ITC in respect of inputs sent for job-work

Section – 21 – Manner of distribution of credit by Input Service

Distributor Section – 22 – Manner of recovery of credit distributed in excess

Section – 36 – Claim of ITC and provisional acceptance thereof

Section – 37 – Matching, reversal and reclaim of ITC

Section – 167 to 178, 186 to 197 – Transitional Provisions

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Input tax credit

Section – 2(56) - “input tax credit” means credit of ‘input tax’ as

defined in sub-section (55)

Section – 2(55) - "input tax" in relation to a taxable person,

means the IGST, including that on import of goods, CGST and

SGST charged on any supply of goods or services to him and

includes the tax payable under sub-section (3) of section 8,

but does not include the tax paid under section 9

Section – 8(3) – Reverse Charge

Section – 9 – Composition levy

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Input tax credit – Section 16

Section – 16(1) Every registered taxable person shall…….be entitled to take

credit of input tax charged on any supply of goods or

services….which are used or intended to be used in the course

or furtherance of his business and the said amount shall be

credited to the electronic credit ledger of such person.

Provided…..ITC in respect of pipelines and telecommunication

towers fixed to earth…..shall not exceed 1/3rd of the total ITC,

for three years starting from the year in which said goods are

received.

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Section – 16(2)

To avail ITC, a RTP must satisfy the following: (a) he is in possession of a tax invoice or debit note issued by a

supplier registered under this Act, or such other taxpaying document(s) as may be prescribed;

(b) he has received the goods and/or services;

(c) the tax charged in respect of such supply has been actually

paid to the account of the appropriate Government; and

(d) he has furnished the return under section 34.

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Section – 16(2) PROVIDED that where the goods against an invoice are

received in lots or instalments, the registered taxable person

shall be entitled to take credit upon receipt of the last lot or

instalment

PROVIDED – Where a recipient of services fails to pay to the

supplier within 3 months of issue of invoice, the amount availed

by recipient as ITC, shall be added to his output tax liability plus

interest thereon.

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Taxable Supply Exempt

Supply Allowable ITC

Disallow

ed ITC

Section – 17 – ITC in the following cases to be allowed to the

extent attributable to business purpose: 1. Where goods and/or services are used partly for the

purpose of any business and partly for other purposes.

2. Where goods and / or services are used partly for effecting

taxable supplies including zero-rated supplies and partly

for effecting exempt supplies

Supply of Goods and/or

Services Input Tax Credit

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Input tax credit – Section 17 Section – 17(4) – ITC shall not be available in respect of the

following: (a) motor vehicles and other conveyances except when they are used

(i) for making the following taxable supplies, namely

(A) further supply of such vehicles or conveyances ; or

(B) transportation of passengers; or

(C) imparting training on driving, flying, navigating such vehicles or conveyances;

(ii) for transportation of goods.

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following: (b) supply of goods and services, namely, (i) food and beverages, outdoor catering, beauty treatment,

health services, cosmetic and plastic surgery except where these

are used as input services by a RTP providing the same services.

(ii) membership of a club, health and fitness centre,

(iii) rent-a-cab, life insurance, health insurance except where the Government notifies the services which are obligatory for an

employer to provide to its employees under any law for the time

being in force; and

(iv) travel benefits extended to employees on vacation such as

leave or home travel concession

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following: (c) works contract services when supplied for construction of immovable property, other than plant and machinery, except

where it is an input service for further supply of works contract

service;

(d) goods or services received by a taxable person for

construction of an immovable property on his own account, other than plant and machinery, even when used in course or

furtherance of business;

(e) goods and/or services on which tax has been paid under section 9;

(f) goods and/or services used for personal consumption; (g) goods lost, stolen, destroyed, written off or disposed of by

way of gift or free samples; and

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following:

(h) any tax paid in terms of sections 67, 89 or 90 Section 67 – Determination of tax not paid or short paid or

erroneously refunded or input tax credit wrongly availed or

utilized by reason of fraud or any wilful-misstatement or

suppression of facts Section 89 – Detention, seizure and release of goods and

conveyances in transit

Section 90 – Detention, seizure and release of goods and

conveyances in transit

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Input tax credit – Section 18(1) to (5) Input Tax on: Compulsory/Voluntary Registration

Person Ceases to pay tax under composition

scheme

Exempt supply of G&S becomes taxable

Raw Material Section 18(1) -subject to such conditions and

restrictions as may be Prescribed, and in case

of compulsory registration, if applied for

registration within 30 days of being liable

Section 18(5) - No Credit available after one

year from date of invoice

Semi Finished Goods

Finished Goods

Input Services received

prior to registration

Not Available

Capital goods

purchased prior to

registration

Not Available

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Input tax credit – Section 18(6) Sale Lease

Merger

Demerger

amalgamation

Transfer of business

Change in

Constitution ITC

Allowed

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Input tax credit – Section 18(7) • Where a RTP under regular scheme switched over to composition

scheme, or

• Where goods and/or services provided by a RTP become

absolutely exempt U/s 11,

He shall be liable to pay tax on the stock and capital goods held by

him on the date immediately preceding the day of switchover

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LUNAWAT & Co.

Input tax credit – Section 19 Recovery of Input Tax Credit and Interest thereon

Where credit has been taken wrongly, the same shall be recovered

from the registered taxable person in accordance with the

provisions of this Act.

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LUNAWAT & Co.

Input tax credit – Section 20 Taking input tax credit in respect of inputs sent for job work

1. “principal” shall be entitled to take credit of input tax on inputs

even if the inputs are directly sent to a job worker for job-work

without their being first brought to his place of business

2. Where the inputs sent for job-work are not received back by

the “principal”, within a period of one year of their being sent

out, it shall be deemed that such inputs had been supplied by

the principal to the job-worker on the day when the said inputs

were sent out.

3. The “principal” shall, subject to such conditions and restrictions

as may be prescribed, be allowed input tax credit on capital

goods sent to a job-worker for job-work.

4. Where the capital goods sent for job-work are not received

back by the “principal” within a period of three years of their

being sent out, it shall be deemed that such capital goods had

been supplied by the principal to the jobworker on the day

when the said capital goods were sent out.

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Input

Service

Distributor

Input

Service

Distributor

Recipient Recipient

Different States Same State

IGST/CGST/SGST SGST/CGST

CGST –

CGST or

IGST

IGST –

IGST or

CGST

SGST & IGST –

SGST

CGST & IGST -

CGST

SGST –

SGST or

IGST

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Input tax credit – Section 21 The Input Service Distributor may distribute the credit subject to the

following conditions:

(a) The credit can be distributed against a prescribed document issued

to each of the recipients of the credit;

(b) the amount of the credit distributed shall not exceed the amount

of credit available for distribution;

(c) the credit of tax paid on input services attributable to a recipient of

credit shall be distributed only to that recipient;

(d) the credit of tax paid on input services attributable to more than

one recipient shall be pro rata on the basis of the turnover in a State of

such recipient;

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Input tax credit – Section 22 Manner of recovery of credit distributed in excess

Where the Input Service Distributor distributes the credit in

contravention of the provisions contained in section 21 resulting in

excess distribution of credit to one or more recipients of credit, the

excess credit so distributed shall be recovered from such recipient(s)

along with interest, and the provisions of section 66 or 67, as the case

may be, shall apply mutatis mutandis for effecting such recovery

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LUNAWAT & Co.

Input tax credit – Section 36 Claim of input tax credit and provisional acceptance thereof

(1) Every registered taxable person shall,

subject to such conditions and restrictions

be entitled to take credit of input tax,

as self assessed in his return and

such amount shall be credited, on a provisional basis,

to his electronic credit ledger

(2) The credit referred to in sub-section (1) shall be utilised only for

payment of self assessed output tax liability as per the return referred

to in sub-section (1).

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Input tax credit – Section 37 Matching, reversal and reclaim of input tax credit

The details of every inward supply furnished by a registered taxable

person shall be matched with:

a. the corresponding details of outward supply furnished by the

corresponding taxable person

b. with the additional duty of customs paid in respect of goods

imported by him, and

c. for duplication of claims of input tax credit.

Where there is a mismatch on account of:

a. Input Tax claimed by recipient is in excess

b. Outward supply is not declared by the supplier

The discrepancy shall be communicated to both such persons in the

manner as may be prescribed.

If the discrepancy is not rectified by the supplier in the return of the

month in which discrepancy was communicated.

Then in the succeeding month the same shall be added to the

output tax liability of the recipient, along with interest thereon

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LUNAWAT & Co.

Input tax credit – Section 37 Matching, reversal and reclaim of input tax credit

The amount claimed as input tax credit that is found to be in excess

on account of duplication of claims shall be added to the output

tax liability of the recipient in his return for the month in which the

duplication is communicated.

The recipient shall be eligible to reduce, from his output tax liability,

the amount added under sub-section (5) if the supplier declares the

details of the invoice and/or debit note in his valid return within the

time specified in sub-section (9) of section 34.

In the above case, the interest earlier paid, would be refunded, by

crediting the amount in his electronic cash ledger

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LUNAWAT & Co.

Input tax credit – Section 38 Matching, reversal and reclaim of reduction in output tax liability

The details of every credit note relating to outward supply for a tax

period shall be matched with

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

by the corresponding taxable person

(b) for duplication of claims for reduction in output tax liability

a. Where the reduction of output tax liability in respect of outward

supplies exceeds the corresponding reduction in the claim for

input tax credit

b. Corresponding credit note is not declared by the supplier






output tax liability of the recipient, along with interest thereon.

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LUNAWAT & Co.

24

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LUNAWAT & Co.

Input tax credit – Transitional Provisions Matching, reversal and reclaim of reduction in output tax liability

The details of every credit note relating to outward supply for a tax

period shall be matched with

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

by the corresponding taxable person

(b) for duplication of claims for reduction in output tax liability

a. Where the reduction of output tax liability in respect of outward

supplies exceeds the corresponding reduction in the claim for

input tax credit

b. Corresponding credit note is not declared by the supplier






output tax liability of the recipient, along with interest thereon.

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Amount of CENVAT Credit carried forward to be allowed to registered taxable person under GST other than a person opting to pay tax under composition levy

• RTP shall be entitled to take credit of the amount of eligible CENVAT credit carried forward in return filed, not later than 90 days from the said date, under earlier law for the period ending immediately prior to appointed day

Section 167

Provided that the taxable person shall not be allowed to take credit unless the said amount is admissible as credit under this Act.

26

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Amount of un-availed* CENVAT Credit of Capital goods to be allowed to registered taxable person under GST other than person opting to pay tax under composition levy

• RTP shall be entitled to take credit of the Un-availed CENVAT credit not carried forward in return filed under earlier law for the period ending immediately prior to appointed day

*Un-availed amount of CENVAT credit in respect of Capital goods = Aggregate amount of CENVAT Credit (-) Credit already availed in respect of capital goods in earlier return

Section 168

Provided that the taxable person shall not be allowed to take credit unless the said amount is admissible as credit under this Act.

27

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Section 169

A registered taxable person (RTP)

Who was not liable to be registered under the earlier law or Who was engaged in the manufacture of exempted goods or provision of an exempted

services or Providing exempted works contract service and availing benefit of abatement under

notification 26/2012 dated 20.06.2012 First stage dealer (FSD) or second stage dealer(SSD) or registered importer

shall be entitled to take, in his electronic credit ledger, credit of eligible duties and taxes in

respect of inputs held in stock and inputs contained in semi-finished or finished goods held in stock on the appointed day subject to the following conditions: a. Such inputs and / or goods are used or intended to be used for making taxable

supplies under this Act. b. Said taxable person passes on the benefit of such credit by way of reduced price to the

recipient

c. RTP is eligible for input tax credit on such inputs under this Act. d. RTP is in possession of invoice and/or other prescribed documents evidencing payment

of duty under the earlier law in respect of such inputs* and e. Such invoices and /or other prescribed documents were issued not earlier than twelve

months immediately preceding the appointed day. f. Supplier of services is not eligible for any abatement under the Act.

28

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Section 169

“Provided that where a taxable person, other than a manufacturer or

a supplier of services, is not in possession of an invoice or any other

documents evidencing payment of duty in respect of inputs, then such

taxable person shall, subject to such conditions, limitations and

safeguards as may be prescribed, be allowed to take credit at the

rate and in the manner prescribed.”

29

Note: This provision has been inserted keeping in mind

traders dealing in excisable goods but not registered as first

stage dealer (FSD), second stage dealer (SSD) or importer.

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Section 170


Who was engaged in the manufacture of non-exempted as well as exempted

goods under the Central Excise Act, 1944 or

Who was engaged in the provision of non-exempted as well as exempted

services under Chapter V of Finance Act, 1994

shall be entitled to take, in his electronic credit ledger-

- Amount of Cenvat credit carried forward in a return furnished under the

earlier law by him in terms of section 167.

- Amount of Cenvat credit of eligible duties in respect of inputs held in stock

and inputs contained in semi-finished or finished goods held in stock on the

appointed day, relating to exempted goods or services, in terms of section

169

30

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Section 171

Under CGST Law A registered taxable person (RTP)

- shall be entitled to take, in his electronic credit ledger,

- credit of eligible duties and taxes, in respect of inputs or input services

- received on or after the appointed day but the duty or tax in respect of which

has been paid before the appointed day, - subject to the condition that the invoice or any other duty/tax paying

document of the same was recorded in the books of accounts of such person

- within a period of thirty days from the appointed day

The said registered taxable person shall furnish a statement, in such manner as may be prescribed, in respect of credit that has been taken under sub-section (1).

31

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Section 171

Under SGST Law A registered taxable person (RTP)

- shall be entitled to take, in his electronic credit ledger,

- credit of Value Added Tax [and entry tax], in respect of inputs

- received on or after the appointed day but the duty or tax in respect of which

has been paid before the appointed day, - subject to the condition that the invoice or any other duty/tax paying

document of the same was recorded in the books of accounts of such person

- within a period of thirty days from the appointed day

The said registered taxable person shall furnish a statement, in such manner as may be prescribed, in respect of credit that has been taken under sub-section (1).

32

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Section 172 read with section 18(3)


- who was either paying tax at a fixed rate or

- paying a fixed amount in lieu of the tax payable under the earlier law

shall be entitled to take, in his electronic credit ledger, credit of eligible duties in

respect of inputs held in stock and inputs contained in semi-finished or finished goods held in stock on the appointed date subject to the following conditions:

a. Such inputs and / or goods are used or intended to be used for making

taxable supplies under this Act.

b. RTP is not paying tax under Section 9(i.e. composition levy)

c. RTP is eligible for input tax credit on inputs under this Act.

d. RTP is in possession of invoice and/or other prescribed documents

evidencing payment of duty under the earlier law in respect of such inputs

and

e. Such invoices and /or other prescribed documents were issued not earlier

than twelve months immediately preceding the appointed day.

33

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Section 190

34

Notwithstanding anything to the contrary contained in this Act, the input tax credit on account of any services received prior to the appointed day by an Input Service Distributor shall be eligible for distribution as credit under this Act even if the invoice(s) relating to such services is received on or after the appointed day.

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Section 173

35

Goods had been exempt under the earlier law at the time of removal thereof and such goods had been removed not earlier than 6 months prior to the appointed day (i.e. from 1.01.2017 to 30.06.2017)

If such goods are returned within a period of 6 months from the appointed day (01.07.2017 to 31.12.2017) and such goods are identifiable to the satisfaction of proper officer

No tax shall be payable

If such goods are returned after a period of 6 months from the appointed day (i.e. 01.01.2018 onwards) and such goods are liable to tax under GST

Tax shall be payable by the

person returning the

goods

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Section 174

36

Tax has been paid on goods under the earlier law at the time of removal thereof and such goods had been removed not earlier than 6 months prior to the appointed day (i.e. from 1.01.2017 to 30.06.2017)

If such goods are returned on or after the appointed day by a Registered Taxable Person

It shall be deemed to be a

supply

If such goods are returned on or after the appointed day by a person other than a Registered Taxable Person

The RTP shall be eligible for

refund under earlier law

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Any inputs received in a factory had been removed as such or removed after being partially processed to a job worker for further processing, testing, repair, reconditioning or any other purpose in accordance with the provisions of earlier law prior to the appointed day (i.e. on or before 01.07.2017) and such inputs, after completion of the job work, are returned to the said factory on or after the appointed day (on or after 01.07.2017)

If such inputs are returned within the period of 6 months (upto 30.12.2017) which may be

extended for a further period not exceeding two months on

sufficient cause


If such inputs are not returned within a

period of 6 months or the extended period

The input tax credit shall be liable to be recovered from

principal in terms of Sec 184

Section 175

Manufacturer and jobworker to declare the details of stock and input credit thereof

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Any semi-finished goods had been removed from the factory to any other premises for carrying out certain manufacturing processes in accordance with the provisions of earlier law prior to the appointed day (i.e. on or before 30.06.2017) and such goods after undergoing manufacturing processes (herein after referred to as "the said goods") are returned to the said factory on or after the appointed day (on or after 01.07.2017)



sufficient cause






Section 176

Manufacturer and jobworker to declare the details of stock and input credit thereof

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Any excisable goods manufactured in a factory had been removed without payment of duty for carrying out tests or any other process (not amounting to manufacture), to any other premises, whether registered or not, in accordance with the provisions of earlier law prior to the appointed day and such goods, after undergoing tests or any other process (herein after referred to as the "said goods") are returned to the said factory on or after the appointed day



sufficient cause






Section 177

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Goods had been sent on approval basis under the earlier law, not earlier than 6 months prior to the appointed day (i.e. from 1.01.2017 to 30.06.2017) and such goods had been rejected or not approved by the buyer and returned to the seller on or after the appointed date

If such goods are returned within the period of 6 months (upto 31.12.2017) which may be


sufficient cause


If such goods are returned after a period

of 6 months (i.e. 31.12.2017 onwards) or the extended period and liable to tax under GST

Tax shall be payable by the person returning the goods

Section 195

If such goods are not returned within a


Tax shall be payable by the person who has sent the

goods

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LUNAWAT & Co.

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LUNAWAT & Co.

Documents

Input Tax Credit Under GST - Lunawat & Colunawat.com/Uploaded_Files/Presentation/InputTaxCredit-JPSC.pdfDemerger amalgamation Transfer of business Change in Constitution ITC Allowed