Input Tax Credit: Complete Revision Notes

1. What is ITC?

Input Tax Credit (ITC) is the heart of GST. It allows you to reduce the tax you pay on your sales (output tax) by the tax you have already paid on your purchases (input tax).

The Core Principle:

ITC ensures that tax is levied only on the 'value addition' at each stage, preventing the cascading effect (tax on tax).

2. Key Definitions

  • Input
    Any goods (other than capital goods) used or intended to be used for business.
  • Input Service
    Any service used or intended to be used for business.
  • Capital Goods
    Goods whose value is capitalized in the books of account and are used for business.

3. More Definitions

Input Tax:

Means the CGST, SGST, IGST, or UTGST charged on any supply of goods or services made to you. It also includes IGST on imports and tax paid under reverse charge.

It does not include tax paid under the composition scheme.

Input Tax Credit (ITC):

Means the credit of the 'Input Tax'.

4. Eligibility for ITC [Sec 16(1)]

To be eligible to take ITC, two fundamental conditions must be met:

  • You must be a registered person under GST.
  • The goods or services must be used or intended to be used in the course or furtherance of your business.

ITC on goods/services for personal use is not allowed.

5. Conditions for ITC (Part 1)

You must satisfy ALL of the following conditions to claim ITC:

Condition 1: Possession of Document

You must have a tax invoice, debit note, or other prescribed tax-paying document.

Condition 2: Details Uploaded

The details of that invoice/debit note must be furnished by your supplier in their GSTR-1 and must appear in your GSTR-2B.

6. Conditions for ITC (Part 2)

Condition 3: Receipt of Goods/Services

You must have actually received the goods or services.

In a "Bill to Ship to" model, the person who orders the goods is deemed to have received them, even if they are shipped to a third party.

Condition 4: Tax Paid to Govt.

The tax charged on your purchase must have been actually paid to the government by your supplier.

7. Conditions for ITC (Part 3)

Condition 5: Filing of Return

You must have furnished your own return (GSTR-3B) under Section 39.

Special Case: Goods in Lots

If you receive goods against an invoice in lots or installments, you can take ITC only upon receipt of the last lot or installment.

8. The 180-Day Rule

This is a very important condition for retaining your ITC.

The Rule:

You must pay the supplier the value of the supply plus the tax within 180 days from the date of the invoice.

What if you fail?

If you don't pay within 180 days, the ITC you availed must be reversed (paid back) along with interest. You can re-avail the credit once you make the payment.

9. Time Limit for ITC [Sec 16(4)]

There is a deadline to claim ITC for any financial year.

The Deadline:

ITC on an invoice or debit note for a financial year can be availed by the 30th of November of the following financial year, OR the date of filing the annual return for that year, whichever is earlier.

For a debit note, the relevant financial year is the year in which the debit note is issued, not the year of the original invoice.

10. Apportionment of Credit

What if you use inputs for both taxable and exempt supplies?

The Principle [Sec 17]:

You can only claim ITC that is attributable to your taxable supplies (including zero-rated supplies).

Similarly, if inputs are used for both business and non-business purposes, you can only claim ITC attributable to the business purpose.

This requires apportionment of common credit.

11. Blocked Credits [Sec 17(5)]

Section 17(5) provides a specific list of goods and services on which ITC is NOT available, even if they are used for business.

This is a negative list for ITC and is very important for exams.

12. Blocked: Motor Vehicles

ITC is blocked on motor vehicles for transportation of persons with a seating capacity of not more than 13 persons (including the driver).

Exceptions (ITC is ALLOWED here):

  • When the vehicle is used for further supply (e.g., a car dealer).
  • When used for transportation of passengers (e.g., a taxi operator).
  • When used for imparting driving training (e.g., a driving school).

13. Blocked: Other Items

ITC is also blocked on:

  • Food & Beverages
    Outdoor catering, beauty treatment, health services, etc. (unless used for making an outward supply of the same category).
  • Memberships
    Membership of a club, health, and fitness centre.
  • Employee Benefits
    Travel benefits like Leave Travel Concession (LTC).

14. Blocked: Immovable Property

This is a major area of blocked credit.

The Rule:

  • Works contract services for construction of an immovable property (other than plant & machinery).
  • Goods or services received for construction of an immovable property on one's own account (other than plant & machinery).

Exception: ITC is available if it's an input service for further supply of works contract service (sub-contracting).

15. Blocked: Final List

ITC is also not available on:

  • Goods or services on which tax is paid under the composition scheme.
  • Goods or services used for personal consumption.
  • Goods lost, stolen, destroyed, written off, or disposed of by way of gift or free samples.
  • Any tax paid due to non-payment, short payment, or fraud (under Sec 74, 129, 130).

16. ITC in Special Cases [Sec 18]

Section 18 deals with situations where a business's status changes, affecting its eligibility for ITC.

Key Scenarios:

  • Getting a new registration.
  • Switching from Composition Scheme to Normal Scheme.
  • An exempt supply becoming a taxable supply.

In these cases, you can claim ITC on stock held on the day before the change.

17. ITC on Stocks

When you become newly eligible for ITC, you can claim it on:

  • Inputs
    Held in stock.
  • Semi-Finished Goods
    Inputs contained in them.
  • Finished Goods
    Inputs contained in them.
  • Capital Goods
    Only when switching from Composition or when an exempt supply becomes taxable.

18. Reversal of ITC [Sec 18(4)]

If you switch from the normal scheme to the composition scheme, or if your taxable supply becomes exempt, you must reverse the ITC you've taken.

What to Reverse?

  • ITC on inputs in stock (raw, semi-finished, finished).
  • ITC on capital goods, on a pro-rata basis for their remaining useful life (taken as 5 years).

19. Supply of Capital Goods [Sec 18(6)]

If you sell capital goods on which you have taken ITC, you must pay an amount.

Amount Payable:

You must pay the higher of:

  • The ITC taken on those goods, reduced by 5% per quarter or part thereof from the invoice date.
  • The tax on the transaction value of such goods.

20. What is an ISD? [Sec 20]

An Input Service Distributor (ISD) is an office of a business (like a head office) that receives tax invoices for input services and distributes the credit to its other branches/units having the same PAN.

Purpose:

To facilitate the distribution of credit on common, centralized expenses (like advertising, software licenses) to the locations that actually use the services.

21. ISD - Key Points

  • ISD is for input services only, not for inputs or capital goods.
  • An ISD must compulsorily obtain a separate registration as an ISD.
  • The credit distributed cannot exceed the credit available.

22. How ISD Distributes Credit

Credit is distributed on a pro-rata basis.

Distribution Logic:

  • Specific Service
    If an input service is used by only one recipient, the credit is distributed only to that recipient.
  • Common Service
    If a service is used by multiple recipients, the credit is distributed among them based on the ratio of their turnover in the State/UT during the relevant period.

23. ISD - Period & Document

Relevant Period for Turnover:

The turnover ratio is based on the preceding financial year. If a recipient had no turnover in the previous year, the last quarter for which turnover is available is used.

Distribution Document:

An ISD distributes credit by issuing an ISD Invoice to the recipient units.

24. Utilisation of ITC [Sec 49]

Once you have ITC in your Electronic Credit Ledger, there is a specific order in which you must use it to pay your output tax liabilities.

The Three Ledgers:

  • ITC of IGST
  • ITC of CGST
  • ITC of SGST/UTGST

Cross-utilisation is allowed but with strict rules.

25. Utilisation - IGST First

The ITC of IGST must be utilised first, and it must be completely exhausted before using CGST or SGST credit.

How to use IGST Credit:

  1. First, use it to pay your IGST liability.
  2. If any IGST credit remains, you can use it to pay CGST and/or SGST liability in any order and any proportion.

26. Utilisation - CGST & SGST

After IGST credit is fully used:

CGST Credit:

  • First, use it to pay CGST liability.
  • Then, use any remaining balance to pay IGST liability.
  • CANNOT be used to pay SGST/UTGST.

27. Utilisation - SGST

After IGST credit is fully used:

SGST/UTGST Credit:

  • First, use it to pay SGST/UTGST liability.
  • Then, use any remaining balance to pay IGST liability.
  • CANNOT be used to pay CGST.

Important: SGST credit can only be used for IGST liability after CGST credit has been fully exhausted.

28. Rule 86A: Blocking Credit

A proper officer can block the use of ITC from the electronic credit ledger if they have reason to believe it has been availed fraudulently or is ineligible.

Grounds for Blocking:

  • Credit availed from a non-existent supplier.
  • Credit availed without receipt of goods/services.
  • Tax has not been paid by the supplier.

29. Rule 86B: Cash Payment Rule

This rule restricts the use of ITC for discharging output tax liability for certain taxpayers.

Applicability:

Applies to registered persons whose value of taxable supplies (other than exempt and zero-rated) in a month exceeds ₹50 lakh.

The Restriction:

Such persons cannot use ITC to pay more than 99% of their output tax liability. At least 1% must be paid in cash.

30. Exceptions to Rule 86B

The 1% cash payment rule does not apply if:

  • The person has paid more than ₹1 lakh as Income Tax in each of the last two financial years.
  • The person has received a refund of more than ₹1 lakh in the preceding year on account of zero-rated supplies or inverted duty structure.
  • The person is a Government Department, PSU, local authority, or statutory body.