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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
CA Rajesh Saluja
LUNAWAT & Co.
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
CA Rajesh Saluja
LUNAWAT & Co.
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.
CA Rajesh Saluja
LUNAWAT & Co.
Input tax credit – Section 16
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.
CA Rajesh Saluja
LUNAWAT & Co.
Input tax credit – Section 16
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.
CA Rajesh Saluja
LUNAWAT & Co.
Input tax credit – Section 17
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
CA Rajesh Saluja
LUNAWAT & Co.
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.
CA Rajesh Saluja
LUNAWAT & Co.
Input tax credit – Section 17 Section – 17(4) – ITC shall not be available in respect of the
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
CA Rajesh Saluja
LUNAWAT & Co.
Input tax credit – Section 17 Section – 17(4) – ITC shall not be available in respect of the
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
CA Rajesh Saluja
LUNAWAT & Co.
Input tax credit – Section 17 Section – 17(4) – ITC shall not be available in respect of the
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
CA Rajesh Saluja
LUNAWAT & Co.
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
CA Rajesh Saluja
LUNAWAT & Co.
Input tax credit – Section 18(6) Sale Lease
Merger
Demerger
amalgamation
Transfer of business
Change in
Constitution ITC
Allowed
CA Rajesh Saluja
LUNAWAT & Co.
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
CA Rajesh Saluja
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.
CA Rajesh Saluja
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.
CA Rajesh Saluja
LUNAWAT & Co.
Input tax credit – Section 21
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
CA Rajesh Saluja
LUNAWAT & Co.
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;
CA Rajesh Saluja
LUNAWAT & Co.
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
CA Rajesh Saluja
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).
CA Rajesh Saluja
LUNAWAT & Co.
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
CA Rajesh Saluja
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
CA Rajesh Saluja
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
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.
CA Rajesh Saluja
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
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.
CA Rajesh Saluja
LUNAWAT & Co.
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
CA Rajesh Saluja
LUNAWAT & Co.
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
CA Rajesh Saluja
LUNAWAT & Co.
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
CA Rajesh Saluja
LUNAWAT & Co.
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.
CA Rajesh Saluja
LUNAWAT & Co.
Section 170
A registered taxable person (RTP)
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
CA Rajesh Saluja
LUNAWAT & Co.
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
CA Rajesh Saluja
LUNAWAT & Co.
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
CA Rajesh Saluja
LUNAWAT & Co.
Section 172 read with section 18(3)
A registered taxable person (RTP)
- 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
CA Rajesh Saluja
LUNAWAT & Co.
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.
CA Rajesh Saluja
LUNAWAT & Co.
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
CA Rajesh Saluja
LUNAWAT & Co.
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
CA Rajesh Saluja
LUNAWAT & Co.
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
No tax shall be payable
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
CA Rajesh Saluja
LUNAWAT & Co.
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)
If such inputs are returned within the period of 6 months (upto 31.12.2017) which may be
extended for a further period not exceeding two months on
sufficient cause
No tax shall be payable
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 176
Manufacturer and jobworker to declare the details of stock and input credit thereof
CA Rajesh Saluja
LUNAWAT & Co.
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
If such inputs are returned within the period of 6 months (upto 31.12.2017) which may be
extended for a further period not exceeding two months on
sufficient cause
No tax shall be payable
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 177
CA Rajesh Saluja
LUNAWAT & Co.
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
extended for a further period not exceeding two months on
sufficient cause
No tax shall be payable
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
period of 6 months or the extended period
Tax shall be payable by the person who has sent the
goods