As per amended Section 17 subsection 5 of CGST Act which is applicable from 01-02-2019, a registered taxpayer is not entitled to avail of the credit of taxes paid in respect of certain goods or services, even if these goods or services are used in the course or furtherance of business.
1. F-Food Beverages & Other No ITC on the following supply when supplied to Employees – Food and beverages, outdoor catering, beauty treatment, health services, cosmetic treatment (Unless Obligatory).
2. M-Motor Vehicles for Passengers Transportation No ITC allowed for Motor Vehicles for transportation of persons if seating capacity is up to 13 persons. However,
Moreover, ITC will be available in respect of motor vehicles if they are used for transportation of money for or by a banking company or a financial institution.
3. C-Construction No ITC of Works contract services when supplied for construction of immovable property: ITC not available to a registered person for the tax paid on the inward supply of works contract services used for the construction of immovable property. This is not applicable to the construction of plant and machinery. Also, where inward supplies used for further supplying of a works contract service, ITC is available.
4. G-Goods Lost No ITC would be made available for goods lost, stolen, destroyed, written off. Moreover no ITC for Goods disposed off by way of gifts or free samples.
5. P-Personal Expenses or Other Purpose No ITC of goods or services or both used for personal consumption. Moreover, when goods or services or both are used partly for Business purpose and also other purpose then ITC should be proportionately disallowed for other purpose.
6. E-Exempted Supply No ITC where the tax paid on goods or services or both are used by the registered person for making exempt supplies. Moreover, when goods or services or both are used partly for effecting taxable supply and partly for exempted supplies, ITC should be proportionately disallowed for exempted supplies.
ITC can be availed only on goods and services for business purposes. If they are used for nonbusiness (personal) purposes, or for making exempt supplies ITC cannot be claimed. Apart from these, there are certain other situations where ITC will be reversed.
ITC claimed by the person has to match with the details specified by his supplier in his GST return. Details are obtained through valid returns filed by both supplier and recipient. In case of any mismatch, the supplier and recipient would be communicated regarding discrepancies after the filling of GSTR-3 (monthly returns).
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