- Input tax credit means the credit of tax paid on inputs. The taxpayer can claim the credit of tax paid from the output tax payable and pay the balance amount
For Example: Mr A, registered person in Telangana purchases the goods from Mr B, registered person in Telangana. Mr. A has paid Rs 300 as GST on his purchases to Mr. B. Mr.A is liable to pay Rs 500 as GST on his sales. Then Mr.A can reduce Rs 300 from the tax payable of Rs 500 and he can pay the balance amount of Rs 200.
- The person who wants to avail ITC should be registered under GST and goods/services should be used in the course of furtherance of business
This document covers
- Conditions for taking ITC
- Time Limit for availing ITC
- Blocked Credits Sec 17(5)
- Utilization of ITC
- Time Limit for availing ITC
- Time Limit for availing ITC in case of revoked registration
- FAQ's
1. Conditions for taking ITC
The registered person can avail the ITC on inward supplies only if the following conditions are satisfied
2. Time Limit for availing ITC
Input Tax credit in invoices or debit notes relating to invoices pertaining to a financial year can be availed at any time till 30th November of the succeeding financial year or date of filing of annual return whichever is earlier.
NOTE
The above time limit is not applicable for re-availing the ITC that has been reversed earlier
3. Blocked Credits Sec 17(5)
ITC of tax paid on almost every inputs and input services used for supply of taxable goods or services or both is allowed under GST except a small list of items provided u/s 17(5). The taxable person cannot take ITC in the following cases.
- Motor Vehicles and conveyance except when used for transportation of goods, passengers, further supply of such vehicles and conveyances or imparting training on driving, flying, navigating such vehicles or conveyances.
- Foods & Beverages, outdoor catering, beauty treatment, health services, cosmetic and plastic surgery except when the inward supply of these used for making outward taxable supply.
- Membership of a club, health & fitness centre.
- Rent a cab, life insurance & health insurance except where the government has made it obligatory for an employer to provide any of these services to its employees (or) inward supply of these used for making outward taxable supply
- Travel benefits to employees on vacation such as LTC or home travel concession
- Works contract services for construction of an immovable property except when it is input service for further supply of works contract service (or) immovable property is Plant & Machinery.
- Inward supplies received by a taxable person for construction of an immovable property (other than plant & machinery) in his own account even when such supplies are used in course of furtherance of business
- Inward supplies on which tax has been paid under composition scheme.
- Inward supplies received by a non-resident taxable person except goods imported by him
- Goods/services used for personal consumption.
- Goods lost, stolen, destroyed, written off or disposed by way of gift or free samples
- Tax paid as a result of evasion of taxes or upon detention of goods or conveyances in transit or towards redemption of confiscated goods/conveyances.
4. Utilization of ITC
- Input Tax Credit contains IGST, CGST and SGST
- IGST credit
- IGST credit should be utilized first towards payment of IGST
- Balance IGST credit can be utilized towards payment of CGST/GST/UTGST in any proportion and in any order
- Entire IGST credit should be fully utilized before utilising the CGST/SGST/UTGST Credit
- CGST Credit
- CGST credit should be utilized first towards payment of CGST
- Balance CGST credit can be utilized towards payment of IGST
- CGST Credit cannot be utilized towards payment of SGST/UTGST
- SGST /UTGST Credit
- SGST /UTGST credit should be utilized first towards payment of SGST/UTGST
- Balance SGST /UTGST credit can be utilized towards payment of IGST
- SGST /UTGST Credit cannot be utilized towards payment of CGST
Particulars | IGST Payable | CGST Payable | SGST Payable |
---|
IGST Credit | | | |
CGST Credit | | | |
SGST Credit | | | |
5. Time Limit for availing ITC
The Input tax credit on invoices or debit notes relating to financial year can be claimed anytime till 30 th November of the succeeding financial year or date of filing annual return whichever is earlier
6. Time Limit for availing ITC in case of revoked registration
- If the registration of taxpayer is revoked after cancellation, the returns from the period of date of cancellation till the date of revocation of cancellation cannot be filed on GST portal.
- In above cases, the taxpayer loses the benefit of ITC if he has not filed the returns in due date.
- Hence the relaxation has been given by GSTN. In these cases, the taxpayers can claim ITC if he has filed all the pending GST returns within 30 days of revocation of cancellation of registration. However the time limit to avail ITC as per section 16(4) i.e, Nov 30 or date of filing annual return whichever is lower should not have been expired on the date of cancellation of registration
7. Input Tax Credit FAQ's
Yes. Input tax credit will be available in full with respect to inputs and capital goods, subject to fulfilment of the prescribed conditions under section 16(2) of the CGST Act.
The credit on goods/ services used partly for business and partly for non-business purposes will be allowed proportionately to the extent it is attributable for business purposes.
Yes, the principal is allowed to take input tax credit of inputs/capital goods not received by him if they are directly sent to the premises of job worker.
The conditions prescribed under Rule 41 of the CGST Rules, 2017 are:
- The details of the sale, merger, amalgamation, de-merger, lease, transfer of business should be furnished in Form GSTR ITC-02.
- A certificate issued by a practicing Chartered/ Cost Accountant should be furnished certifying that the sale, merger, amalgamation, de-merger, lease, transfer of business has been done along with a provision for transfer of liabilities.
- Upon acceptance of the details by the transferee, the credit specified in Form GSTR ITC-02 will be credited to the electronic credit ledger.
- The inputs and capital goods so transferred are to be accounted in the transferee's books.
Yes, in case of supply of capital goods or plant and machinery on which input tax credit has been taken, the registered person will have to pay an amount equal to
- Input tax credit taken on the said capital goods/ plant and machinery reduced by the percentage points specified; or
- The tax on the transaction value of such goods whichever is higher.
No, transfer of unutilized input tax credit is permissible only when there is change in constitution of the business with the specific provision of transfer of liabilities.
The ITC is allowed provisionally for 2 months. If mismatch continues even after communication to the concerned parties, the ITC would be reversed automatically.