Restrictions for obtaining input tax credit

👉 Input Tax underneath GST in brief

“Input Tax” suggests that the GST Taxes (CGST, SGST, IGST) charged on any offer of products or services or each created to a registered person within the course or furtherance of his business and embody such tax due  on reverse charge basis— however it doesn't include tax paid underneath composition levy.

👉 Eligibility to require Input step-down

Every registered person shall be entitled to require credit of input tax charged on any offer of products or services to him that square measure used or supposed to be employed in the course or furtherance of his business on the premise of any of the subsequent tax-paying documents:

  • Tax Invoice issued
  • Debit note
  • Bill of entry
  • Invoice ready in respect of reverse charge basis
  • Document issued by Input Service Distributor for distribution of credit to particular registered person.

👉 Conditions for Av-ailment of Input Tax Credit:

The same merchandise or services or each square measure used or supposed to be employed in the course or within the furtherance of his business;

He is in possession of tax invoice/ debit note / tax-paying document issued by a provider registered underneath this Act.

He has received the same merchandise or services or each subject to job-work facilities and restrictions about input step-down

The provider has uploaded the relevant invoice on the GSTN (online GST portal);

The provider has paid the same quantity of tax (as charged within the invoice) to acceptable Government in money or by approach of utilization of input step-down, as admissible;

He applicant of input step-down – has provided with GST come back in FORM-GSTR 2;

In case all the on top of conditions square measure met aside from the very fact that the provider has not uploaded the invoice in his GSTR-1, tentative ITC may be concerned to five of the credits that square measure eligible and uploaded by the provider in his GSTR-1. The tentative ITC cannot exceed the quantity of ITC not uploaded by the provider in his type GSTR-1.

👉 Failure to pay to provider of products or service or each, the worth of offer and tax thereon:

If the recipient of goods/services has not paid the provider among a hundred and eighty days from date of invoice, the quantity adequate to input step-down availed beside the interest are going to be further to output liability of the recipient. The same input step-down may be re-availed on payment of the worth of offer and tax due  on it.The on top of condition doesn't apply for provides that square measure due  underneath reverse charge basis.

Time limit to avail the input tax credit: Input step-down should be availed before

  • Due Date for filing the come back for the month of September of the next fiscal year
  • Or furnishing of Annual come back,
  • Whichever is earlier.

👉 Blocked Credit

  • Input step-down for motorcars used for transportation of passengers having  of up to thirteen passengers is mostly not offered. but such ITC is offered as long as motorcars square measure used for: A. Transportation of products. B. more offer of such vehicles, transportation of passengers, conveyance coaching on driving, flying, navigating such vehicles or conveyances.
  • Input step-down on offer of products and/or services like – food and beverages, out of doors business, nail cutting, health services, cosmetic And plastic surgery: offered as long as such offer of products or services of every class is employed for creating an outward dutiable offer of the actual class of products or services.
  • Input step-down on membership of a club, health and fitness center, travel advantages to workers on vacation i.e. leave or home travel concession.
  • Input step-down on Works contract services once equipped for construction of immovable property, apart from plant and machinery offered as long as it's for more offer of works contract service.
  • Input step-down isn't offered on merchandise or services received by a dutiable person for construction of an immovable property on his own account, apart from plant and machinery, despite the fact that it's employed in the course or furtherance of business.
  • Input step-down on rent-a-cab, insurance, insurance allowed as long as it's notified by the govt. as obligatory for an leader {to provide|to offer|to produce} to its workers or such inward offer of products or services or each of a selected class is employed by a registered person for creating an outward dutiable offer of an equivalent class of products or services or each or as a part of a dutiable composite or mixed supply. (Source)