BY: KARTIK SAMAIYA M.COM 4TH SEMESTER ROLL NO-4012716 Content INTRODUCTION RELEVANT DEFINATION ELIGIBILITY AND CONDITION FOR TAKING INPUT TAX CREDIT (ITC) APPORTIONMENT OF CREDIT AND BLOCKED CREDITS (SECTION 17) CREDIT IN SPECIAL CIRCUMSTANCES (SECTION 18) HOW ITC AVAILED AND UTILIZED INTRODUCTION WHAT IS INPUT TAX CREDIT?
Input credit means at the time of paying tax on output,
you can reduce the tax you have already paid on inputs and pay the balance amount When you buy a product/service from a registered dealer you pay taxes on the purchase. On selling, you collect the tax. You adjust the taxes paid at the time of purchase with the amount of output tax (tax on sales) and balance liability of tax (tax on sales minus tax on purchase) has to be paid to the government. This mechanism is called utilization of input tax credit.
For example- You are a manufacturer:
Tax payable on output (FINAL PRODUCT) is Rs 450 Tax paid on input (PURCHASES) is Rs 300 You can claim INPUT CREDIT of Rs 300 and you only need to deposit Rs 150 in taxes. INPUT TAX CREDIT UNDER GST Input Tax credit under GST One of the most important pillars of an effective GST is the availability of Input Tax Credit (ITC) to remove the cascading effect of taxes on transactions. In the enactment these important provisions have been mentioned in Sec 16 to 18 of the CGST Act and the respective State Acts.
Input tax credit (ITC) is the backbone of the GST
regime.GST is nothing but a value added tax on goods and services combined. It is these provision of input tax credit that make Gst a value added tax i.e is collection of tax at all points after allowing credit for the inputs. The procedure and restrictons laid down in these provisions are important to make sure that there is a seamless flow of credit in the whole scheme of transition without any misuse. Thus, the clarity of rules of availment and utilization will have significant impact on making GST a taxpayer -friendly tax. RELEVANT DEFINATION Sec. 2 (63) – Input Tax Credit:- ITC means the credit of input tax. Sec. 2(62) – Input Tax is defined: It includes All taxes under CGST, SGST,UTGST and IGST. IGST on import of goods and service. Taxes paid under reverse charge under CGST, SGST,UTGST and IGST. Taxes paid by the recipient of supply if such supply is made by the unregistered person to registered person under these ACT. It does not include tax paid under composition levy Sec. 2 (19) – Capital Goods - means goods, the value of which is capitalised the books of Accounts. ITC-ELIGIBILITY CONDITION AND LIMITATION Tax Invoice :- One should possesses the tax invoice, debit note or other tax paying documents Receipt of Good or services or both:- He has received the goods or services or both. If goods are received in lots/ installments then on receipt of last installment/lot. It includes goods received by the agent or third person under his direction before or during movement of goods i.e. if goods are sold in transit. Tax on the supply is paid by the supplier. Furnished the return under the provision of the act ITC- Conditions and limitations contd. He has paid to the supplier the value of the supply and tax thereon within 180 days of the date of issuance of invoice. –If no such payment then the entire credit taken on such supply shall be added to output tax liability along with interest thereon. –He can take the credit again on making the payment for the value of supply and tax thereon. No credit with respect to the amount of tax (if tax is capitalised ) on which depreciation is claimed. Credit of input tax can be taken till the last date of filing Annual Return or actual date of filing annual return whichever is earlier. APPORTIONMENT OF INPUT CREDIT
If goods or services or both are used by the registered
person partly for business and partly for other purposes then credit is restricted to input tax attributable to business purposes. If partly for taxable supply(including zero rated supply) and partly for exempted supply then credit is restricted to attributable to the taxable supply(including zero rated supply). Exempt supply includes non taxable supply. It also includes supplies taxable under reverse charge, transaction in securities, sale of land and sale of building.
A banking Company, Financial institution, and
NBFC have the option to take proportionate credit as discussed above or can take upto 50% credit.
This restriction is not applicable with respect to tax
paid on supplies made within same PAN. ITC- BLOCKED CREDIT
ITC shall not be available in respect of the following:
Motor Vehicle and other conveyances.
–Except if used for:- •Further Supply. •transport of passengers, transportation of goods, •imparting training how to drive, navigate or fly them. Supply of following goods or services or both: Food Beverages, beauty treatment, cosmetic surgery, health services, outdoor catering. Membership of club/health and fitness centre.
Travel benefit to employees.
Rent a cab, life insurance and health insurance
(unless govt. makes it mandatory to provide such facilities to the employee). ITC- BLOCKED CREDIT Works contract services for construction of immovable property other than plant and machinery.
Supply where tax is levied under composition scheme.
Supplies used for personal consumption. Goods lost/ stolen/ destroyed/ written off or disposed of by way of gift/free sample. Any tax paid after issuance of SCN with respect to such SCN, detention or confiscation. AVAILABILITY OF ITC IN SPECIAL CASES Person who would like to take the credit of input lying in stock or contained in finished goods or semi finished goods at the time of registration- –he should apply with in 30 days from the date he becomes liable to take the registration and the credit on such inputs held on the day immediately preceding the date from which he becomes liable to pay tax. –In case of voluntary registration then the credit of such inputs held in stock immediately preceding the date of registration. If registered person ceases pay tax under composition scheme or his exempt supply becomes taxable supply-
–he can take credit tax paid on such inputs held in
stock on the day immediately preceding the date from which he becomes liable to pay tax.
–He can take credit of tax paid on capital goods
exclusively used for such good or services Provided that credit shall be reduced such percentage point prescribed in rules. AVAILIBILITY OF ITC IN SPECIAL CASES Input Credit can be taken within 1 year from the date of issue of tax invoice with respect to special cases discussed above. Unutilised credit can be transferred in case of sale/ amalgamation/ merger /demerger/lease/transfer of the entity where there are specific provision for transfer of liability. If person opt for composition scheme or supply becomes exempt- –Amount equal to the credit of input held in stock or credit on capital goods reduced by the percentage point shall be debited either in the e-cash ledger or e- credit ledger. –Balance credit will lapse. AVAILIBILITY OF ITC IN SPECIAL CASES If capital goods are supplied on which credit was taken- person shall pay an amount equal to such credit reduced by percentage points or transaction vale of such supply whichever is higher.
Person has the option in case of supply of refractory
bricks, mould and dies, jigs and fixtures. UTILISATION OF INPUT TAX CREDIT UNDER GST Integrated tax shall first be utilised towards payment of integrated tax and the amount remaining, if any, may be utilised towards the payment of central tax and State tax, or as the case may be, Union territory tax, in that order; The central tax shall first be utilised towards payment of central tax and the amount remaining, if any, may be utilised towards the payment of integrated tax; The State tax shall first be utilised towards payment of State tax and the amount remaining, if any, may be utilised towards payment of integrated tax; The Union territory tax shall first be utilised towards payment of Union territory tax and the amount remaining, if any, may be utilised towards payment of integrated tax;
The central tax shall not be utilised towards
payment of State tax or Union territory tax;
The State tax or Union territory tax shall not be
utilised towards payment of central tax. THANK YOU