x

Input Tax Credit

Input Tax Credit

Input Tax Credit

The input tax credit is the central tax (CGST), state tax (SGST), integrated tax (IGST), or cess that is paid by a person and has a GST registration on the supply of goods or services. GST input tax includes the tax that is paid on a reverse charge basis and the IGST charged on the import of goods. But, input tax does not include the tax paid on the composite taxation scheme.

The input tax credit is the tax paid by a business on the purchase and this tax is used to reduce the tax liability when a sale is made. The taxation levy is based on the value that is added at each stage of the supply chain until it reaches the consumer.

The Goods and the Service Tax Act is levied on the goods and the services based on the principle of value addition. To negate the cascading effect of the tax liability that is paid on the procurement of the raw materials, consumables, plants, and machinery, etc. This element of offsetting the tax liability is called the input tax credit.

Every person with a GST registration in the supply chain takes part in control, collects the GST tax, and remitting the amount that is collected. To avoid double taxation and the cascading effect of the tax input credit is provided to set off tax paid on the procurement of the raw materials, consumables, goods, or services that are used in the manufacturing, supply, and sale of goods or services.

The business can achieve neutrality using the input tax credit mechanism in the incidence of tax and ensure that the input tax element is not entering into the cost of production or the cost of supply of goods and services.

Conditions for taking an input tax credit

The prerequisites for taking the input tax credit are as follows:

  • Only registered taxpayers are allowed to take the benefit of ITC
  • Conditions to be satisfied for taking ITC are
  • Requisite Documents to be presented for proving your ITC claim
  • A document must contain relevant information
  • Receipt of goods or services shall be produced
  • Tax charged is duly paid to the government
  • Filing of return
  • If depreciation is claimed on tax component, ITC will not be admissible
  • Time limit for availing ITC
  • Apportionment of the input tax credit
  • ITC treatment in case of input goods and services
Claim ITC under GST

Only a person who is registered under GST is entitled to take credit of tax paid on inward supplies, i.e., purchases of goods or services or both used in the course of furtherance of business. Means Unregistered suppliers are not allowed to take input tax credit for the amount of tax paid on inward supplies of goods or services or both.

Conditions to be satisfied for taking ITC

There are some conditions prescribed under the GST Act for availing the input tax credit. Some of the essential conditions are as under:-

Documents required for ITC

The input tax credit is available to a person who is registered including the input service distributor, based on any of the following documents, namely

  • An invoice issued by the supplier in accordance with the provisions of section 31of the CGST Act 2017
  • A debit note issued by the supplier in accordance with the provisions of section 34 of the same act.
  • Invoice issued by the recipient along with the proof of payment (Received from an unregistered person and as per Reverse charged)
  • Invoice or credit note or any document issued by an input service distributor
Document must contain relevant information

The input tax credit shall be available to the registered person only if:-

  • All the applicable particulars are contained in the documents
  • Descriptions of goods and services
  • The total value of goods and services
  • Amount of tax charged
  • Place of supply in case of supply
  • GSTIN of receiver and supplier
Receipt of goods or services

A registered person cannot avail the ITC until he does not receive the goods. In case of “bill to ship to” model, where the goods are delivered to a third party on the direction of the registered person who purchased the goods from the supplier then it shall be deemed that the person receiving the goods is a registered person.

Tax charged is paid to the government

For availing the input tax credit, the registered person who charged the tax in respect of such supply has been paid to the government. The payment can be made either in cash or through utilizing the input tax credit.

Reversal of Input Tax Credit

The input tax credit can be reversed certain circumstances which are mentioned below:

  • Failure to pay the supplier within 180 days from the invoice date.
  • The goods and services whether inputs or capital goods are used for personal purposes.
  • Goods and services utilized for producing or supplying the exempted goods or services.
  • Sale of capital goods or plant and machinery on which the input tax credit was claimed.
  • The credit notes are issued by the input service distributor.
  • The supplies are ineligible under section 17(5) of the Act.
  • A change from the registered regular dealer to composite dealer, where the input tax credit is reversed.
  • The amount that is reversed may be added to the output tax liability in the month in which it is reversed,
  • Interest is to be paid from the date the credit is availed till the date when the amount is reversed and paid.
  • There is no time limit applicable for reclaiming the reversed credit.

Filing of return

A registered person can only claim the credit or refund of ITC through the return, so he has to file the return as per section 39.

If depreciation is claimed on tax component, ITC will not be admissible

If the registered person has claimed depreciation on the cost of capital goods under the provisions of the Income Tax Act, 1961, then the ITC shall not be allowed on the tax component. Thus we can say that the government will not provide you the double benefit on the tax components. As per the government, you cannot claim both the depreciation and ITC as per GST law on tax component at a time. Means either you can claim depreciation on tax component or ITC of such tax paid.

Time limit for availing ITC

According to Section 16 of the CGST Act, 2017, A registered person is entitled to take the input tax credit for any debit note or invoice for the supply of goods or services or both before:

  • The due date for furnishing the return, u/s 39 of CGST Act, for the month of September following the end of the fiscal year, or
  • Furnishing of relevant annual return,

Apportionment of credit

  • In case of service or goods partly used for business and partly for the nonbusiness purpose, then the amount of credit shall be limited to the part on input tax that is attributable to the business.
  • ITC shall be restricted to goods or services used for taxable supplies is the same are used for effecting taxable supply as well as exempted supply. ITC may be availed on inward supply for making the zero-rated supply

Utilization of Input Tax Credits

There are three types of taxes available under GST, i.e., CGST, SGST, IGST. Moreover, the same is available to take the credit on input. Their credit can only be set off for specific purposes. The following are the restriction on utilizing credits of various input taxes available:

  • IGST credit,
  • First, the credit is available to set off against IGST credit,
  • Then for balance (if any) set off with CGST and then SGST/UTGST.
  • CGST credit,
  • It is to be utilized against IGST and
  • then balance with CGST,
  • SGST Credit,
  • It can be utilized to set off for IGST, and
  • Then the balance for SGST/UTGST .

ITC treatment in case of input goods and services

The input tax credit concerning inputs or input services, which are being

  • partly used for business and
  • partially for other purposes, or
  • being partly used for effecting taxable supplies including zero-rated goods and services and
  • Partly for changing exempt supplies shall be attributed to the purpose of business or
  • For influencing taxable supplies in the following manner, namely:-

Step 1: First, we need to calculate common credit

Total input tax related to inputs and input services in a tax period
  • Less: Input tax on inputs and input services that are intended to be used exclusively for a nonbusiness purpose
  • Less: Input tax on inputs and input services that are intended to be used exclusively for exempt supplies
  • Less: Input tax which is ineligible for a tax credit (Blocked credits)
  • ITC Credited to Electronic Credit Ledger
  • Less: Input tax on inputs and input services that are intended to be used exclusively for taxable supplies including zero-rated supplies
  • Common ITC available for apportionment
Step 2: Now we will calculate the credit attributable to exempt supplies (Ineligible credit) by the apportionment of the common credit
  • D1= (E/F) x C2
  • D1 = the amount of input tax credit attributable to exempted supplies
  • E = The aggregate value of exempt goods or services during the tax period
  • F = The total turnover of the state of the registered person during the tax period
  • C2 = Common credit available
Step 3: After that, we need to calculate the amount of the credit attributable to nonbusiness if common inputs and input services are used partly business and partly for the nonbusiness purpose
  • D2 = 5% of C2
  • D2 = the amount of input tax credit attributable to nonbusiness purpose
Step 4: Now we will calculate the total eligible ITC
  • C3 = C2 – (D1 + D2)
  • C3 = the eligible input tax credit from the common credit
  • Note: The amount equal to the aggregate of D1 and D2 shall be included in the registered person ‘s output tax liability.
Some situations in which ITC cannot be claimed:
  • Motor Vehicle and other conveyance purchased except when used for supplying such vehicles, imparting training on driving or transportation of passengers/ goods, navigating or flying such vehicles
  • Rent-a-cab, Life and health insurance except where such services are obligatory for an employer to provide to its employees
  • Food Beverages, outdoor catering, health service, beauty treatment and cosmetic and plastic surgery except when used as a part of taxable as the supply of nature of composite or mixed
  • Works contract services for construction of the immovable property except when it is an input service
  • Travel benefit provided to employees as home travel concession or leave
  • Construction of immovable property on his account which includes reconstruction, renovation, additions or repairs. Goods/services used for construction or even when it is used for the furtherance of business
  • Goods/services received for personal consumption
  • Membership in a Health and Fitness Centre and club
  • ITC will not be available for the goods/services received by the non-resident taxable person
  • Goods stolen /destroyed/ written off/distributed as a gift or free samples
  • Dealer under composition scheme- both the dealer and the receiver of goods from the dealer are not eligible to claim ITC.
Type of Conveyance Distance E-way bill
Other than Over dimensional cargo Less than 100 km 1 day
For every additional 100 km and thereof Additional 1 day
For Over dimensional cargo Up to 20 km 1 day
For every additional 20 km and thereof Additional 1 day
Generate an eWay Bill
  • Registered Person – Eway bill must be generated when there is a movement of goods of more than Rs 50,000 in value to or from a registered person. A Registered person or the transporter may choose to generate and carry eway bill even if the value of goods is less than Rs 50,000.
  • Unregistered Persons – Unregistered persons are also required to generate e-Way Bill. However, where a supply is made by an unregistered person to a registered person, the receiver will have to ensure all the compliances are met as if they were the supplier.
  • Transporter – Transporters carrying goods by road, air, rail, etc. also need to generate e-Way Bill if the supplier has not generated an e-Way Bill.
The transporters need not generate the Eway bill (as Form EWB-01 or EWB-02) where all the consignments in the conveyance :
  • Individually(single Document**) is less than or equal to Rs 50,000 BUT
  • In Aggregate (all documents** put together) exceeds Rs 50,000
Document means Tax Invoice/Delivery challan/Bill of supply

Unregistered Transporters will be issued Transporter ID on enrolling on the e-way bill portal after which Eway bills can be generated.

Who When Part Form
Every Registered person under GST Before movement of goods Fill Part A Form GST EWB-01
Registered person is consignor or consignee (mode of transport may be owned or hired) OR is recipient of goods Before movement of goods Fill Part B Form GST EWB-01
Registered person is consignor or consignee and goods are handed over to transporter of goods Before movement of goods Fill Part B The registered person shall furnish the information relating to the transporter in Part B of FORM GST EWB-01
Transporter of goods Before movement of goods Generate e-way bill on basis of information shared by the registered person in Part A of FORM GST EWB-01
An unregistered person under GST and recipient is registered Compliance to be done by Recipient as if he is the Supplier. 1. If the goods are transported for a distance of fifty kilometers or less, within the same State/Union territory from the place of business of the consignor to the place of business of the transporter for further transportation, the supplier or the transporter may not furnish the details of conveyance in Part B of FORM GST EWB-01. 2. If supply is made by air, ship or railways, then the information in Part A of FORM GST EWB-01 has to be filled in by the consignor or the recipient
Cases when eWay bill is Not Required

In the following cases it is not necessary to generate e-Way Bil:

  • The mode of transport is non-motor vehicle
  • Goods transported from Customs port, airport, air cargo complex or land customs station to Inland Container Depot (ICD) or Container Freight Station (CFS) for clearance by Customs.
  • Goods transported under Customs supervision or under customs seal
  • Goods transported under Customs Bond from ICD to Customs port or from one custom station to another.
  • Transit cargo transported to or from Nepal or Bhutan
  • Movement of goods caused by defence formation under Ministry of defence as a consignor or consignee
  • Empty Cargo containers are being transported
  • Consignor transporting goods to or from between place of business and a weighbridge for weighment at a distance of 20 kms, accompanied by a Delivery challan.
  • Goods being transported by rail where the Consignor of goods is the Central Government, State Governments or a local authority.
  • Goods specifed as exempt from E-Way bill requirements in the respective State/Union territory GST Rules.
  • Transport of certain specified goods- Includes the list of exempt supply of goods, Annexure to Rule 138(14), goods treated as no supply as per Schedule III, Certain schedule to Central tax Rate notifications. (PDF of List of Goods).
State-wise e-Way Bill Rules and Limits

Inter-State movement of goods has seen rise in numbers of generation of eway bills ever since its implementation began from 1st April 2018. State-wise implementation of e-way bill system has seen a good response with all the States and Union Territories joining the league in the generation of eway bills for movement of goods within the State/UT.

However, reliefs have been provided to people of few States by way of exempting them from eway bill generation in case of monetary limits falling below threshold amount or certain specified items. For Instance, Tamil Nadu has exempted people of its State from the generation of eway bill if the monetary limit of the items falls below Rs. One Lakh. To know more of such reliefs for other States/UTs, visit our page on state-wise e-way bill rules and threshold limits or alternatively check the respective commercial tax websites for each of such States/UTs.

Validity of eWay Bill

An e-way bill is valid for periods as listed below, which is based on the distance travelled by the goods. Validity is calculated from the date and time of generation of e-way bill-

Type of conveyance Distance Validity of EWB
Other than Over dimensional cargo Less Than 200 Kms 1 Day
For every additional 200 Kms or part thereof additional 1 Day
For Over dimensional cargo Less Than 20 Kms 1 Day
For every additional 20 Kms or part thereof additional 1 Day
Documents or Details required to generate eWay Bill
  • Invoice/ Bill of Supply/ Challan related to the consignment of goods
  • Transport by road – Transporter ID or Vehicle number
  • Transport by rail, air, or ship – Transporter ID, Transport document number, and date on the document
Cases When E-Way Bill is Exempted or Not Required

When the below-mentioned goods are being transported E-way bill is not required :

  • Liquefied petroleum gas for supply to household and non-domestic exempted category (NDEC) customers;
  • Kerosene oil sold under PDS;
  • Postal baggage transported by Department of Posts;
  • Natural or cultured pearls and precious or semi-precious stones; precious metals and metals clad with precious metal (Chapter 71);
  • Jewelry, goldsmiths and silversmiths wares and other articles (Chapter 71);
  • Currency;
  • Used personal and household effects;
  • Coral, unworked (0508) and worked coral (9601)

In case of Transport of goods from customs port, airport, air cargo complex, and land customs station to an inland container depot or a container freight station for clearance by Customs, E-way bill is not required.

When a non-motorized conveyance is transporting goods, E-way bill generation is not required.

When following goods are being transported, the e-way bill is not required to be generated;

  • Alcoholic liquor for human consumption
  • Petroleum crude
  • High-speed diesel
  • Motor spirit (commonly known as petrol)
  • Natural gas,
  • Aviation turbine fuel
  • When there is no supply as per provisions in Schedule III of the Act, an E-way bill is not required.
E-way bill is not required to be generated when the goods are being transported—
  • Under customs bond from an inland container depot or a container freight station to a customs port, airport, air cargo complex, and land customs station, or one customs station or customs port to another customs station or customs port, or
  • Under customs supervision or customs seal;
  • Where the goods being transported are transit cargo from or to Nepal or Bhutan;
  • Where the goods being transported are transit cargo from or to Nepal or Bhutan
  • Where the goods being transported are exempt from tax under various notifications;
  • When Central Government, State Government, or a local authority acting as a consignor undertakes the Transport of goods by rail, no E-way bill is required.
  • When goods movement has been caused by defense formation under the Ministry of defense as consignor or consignee, no E-way bill is required.
  • No E-way bill is required in case of Transport of empty cargo containers.
  • In case goods are being transported for weighing purposes and the distance is not more than 20 Kms from the place of the consignor's business to the weighbridge or vice versa, E-way bill generation is not required. However, the movement of goods must be accompanied by a delivery challan.
  • When goods specified in the schedule appended to notification no, 2/2017-Central Tax (Rate) dated 28.06.2017 is being transported, other than de-oiled cake, then in such case, e-way Bill is not required to be generated