GST Input Tax Credit

22 May 2022

#gst#gstr#tax#filing#itc#e-commerce#business#catering#food#sales

GST Input Tax Credit: A Complete Guide

Introduction

Input Tax Credit (ITC) is a pivotal concept under the Goods and Services Tax (GST) regime. It allows businesses to claim credit for the tax they have paid on goods and services used for business purposes. ITC is essential for reducing the overall tax burden on a business and ensuring that the tax paid during the purchase of goods and services is deducted from the tax payable on sales. ITC acts as a backbone for the GST system, promoting efficiency and reducing cascading taxation.

In this article, we will dive into the following key aspects of GST Input Tax Credit:

What is ITC?
How and who can claim it?
Necessary documents and conditions for claiming ITC.
Special circumstances around ITC.
Common mistakes to avoid and much more.

What is GST Input Tax Credit (ITC)?

GST Input Tax Credit allows businesses to deduct the tax paid on purchases from the tax they collect on sales. In other words, if a business buys goods or services and pays GST on them, it can claim that amount as a credit against the GST payable on sales.

Example:

A trader buys goods worth ₹100 and pays ₹10 as GST.
The trader sells the goods for ₹150 and collects ₹15 as GST from the buyer.
The trader only needs to pay ₹5 (₹15 – ₹10) to the government, since the ₹10 is credited back as ITC.

Basic Requirements to Claim ITC

To claim ITC, certain conditions must be met. The following prerequisites are essential:

GST Registration: The business must be registered under GST.
Tax Invoice or Debit Note: The business must have a tax invoice or debit note issued by a registered supplier.
Goods/Services Received: The goods or services must be received by the business.
Supplier Compliance: The supplier must have filed returns and paid the tax to the government.
Claim Timing: ITC can be claimed only once the last installment or lot of goods is received if they were received in parts.

Additionally, capital goods where the tax has been included in the cost and depreciation is claimed cannot be used to claim ITC.

Documents Required to Claim ITC

To avail of ITC, the following documents are required:

Tax Invoice from the supplier.
Debit Note issued by the supplier (if applicable).
Invoice under Reverse Charge Mechanism (in case of reverse charge transactions).
Bill of Entry (in case of imports).
Credit Note issued by the Input Service Distributor.

Reversal of ITC and Conditions for Reversal

In certain situations, ITC can be reversed. These include:

Failure to Pay Supplier Within 180 Days: If the payment is not made to the supplier within 180 days from the date of invoice, the ITC claimed must be reversed.
Personal Use: If goods or services are used for personal purposes, ITC is not allowed.
Exempted Goods/Services: If the goods or services are used to produce or supply exempted goods/services, ITC will be reversed.
Sale of Capital Goods: If capital goods or machinery (on which ITC was claimed) are sold, ITC will be reversed.
Transition from Regular to Composition Scheme: In this case, ITC will also be reversed.

The reversal amount will be added back to the output tax liability in the month it is reversed, and interest will be applicable for the period between the availing of ITC and its reversal.

Reverse Charge Mechanism (RCM) and ITC

Under the Reverse Charge Mechanism (RCM), where the recipient is liable to pay GST instead of the supplier, ITC can still be claimed in the same month in which the payment is made. However, the following conditions apply:

The GST liability should be discharged in cash.
The goods and services should be used for business purposes.
If there’s no tax invoice from an unregistered supplier, self-invoicing must be done.

Time Limit for Claiming ITC

ITC must be claimed within the specified time limit, which includes:

By the due date of filing GST return for the month of September of the next financial year.
By the date of filing the annual return (for that financial year).

For FY 2018-19, ITC claims could be made until March 2020. If ITC is not claimed by this time, it cannot be claimed even through the GSTR 9 annual return.

Special Cases Where ITC Can Be Claimed

As per Section 18 of the CGST Act, ITC can be claimed in the following cases:

Compulsory Registration: ITC is available when a business is compulsorily required to register for GST.
Voluntary Registration: ITC is available when a business voluntarily opts for GST registration.
Cessation of GST Composition Scheme: ITC is allowed when a registered person leaves the composition scheme and switches to regular GST.
Change in Constitution: ITC is available if there is a change in the business constitution that affects the GST registration.

Items on Which ITC is Not Allowed

There are certain items and services on which ITC cannot be claimed. These include:

Motor Vehicles: Except in certain cases (like transportation services).
Insurance on Motor Vehicles.
Memberships for Health Clubs and Fitness Centers.
Food & Beverages: Including outdoor catering services.
Works Contract Services: For construction of immovable property (except for plant and machinery).
Personal Consumption: ITC cannot be claimed on personal expenses.
Fraudulent Cases: ITC on taxes paid due to fraudulent activity cannot be claimed.

Set-Off Regulations for ITC

Under the GST law, input tax credit can be set off in the following order:

IGST Credit must be utilized first.
CGST Credit should be used to offset CGST liability, then IGST.
SGST Credit should be used to offset SGST liability, then IGST.
IGST Credit cannot be used against CGST or SGST liability, and vice versa.

Conclusion

GST Input Tax Credit (ITC) plays a crucial role in the overall functioning of the GST system. By allowing businesses to set off the tax paid on their purchases against the tax collected on sales, ITC reduces the cascading effect of taxes, making goods and services more affordable. It is essential to understand the conditions and timelines for claiming ITC and to ensure that the right documents are in place.

To avoid any compliance issues or penalties, businesses must be diligent in maintaining accurate records and adhering to the rules around ITC.

This concludes our guide on GST Input Tax Credit. If you need help or have any questions about claiming ITC, don’t hesitate to reach out to the Dhanaay team for expert assistance.