Section 18 of the GST law details how businesses can claim Input Tax Credit (ITC) in specific situations, such as when they first register, register voluntarily, switch from exempt to taxable supplies, or move from a composition scheme to a regular taxpayer status. It outlines the types of credit available, including on stock and capital goods, and specifies the cut-off date for claiming this credit as the day before the change in status. Strict time limits apply, and conditions for capital goods must be met to avoid forfeiture of the credit.
Section 18 provides for input tax credit (ITC) availability in specific situations where a person becomes eligible under special circumstances. The section outlines when ITC can be claimed and the conditions for doing so.
Sub-section (1): Eligibility to Claim ITC in Special Cases
A registered pe
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FAQ :
A person who becomes liable to register under GST and obtains registration can claim ITC on inputs held in stock, and inputs contained in semi-finished or finished goods, on the day immediately before their registration date.
Yes, a person who voluntarily takes GST registration can claim ITC on inputs held in stock, and inputs contained in semi-finished and finished goods, as of the day immediately before they register.
When a registered person stops making exempt supplies and starts making taxable supplies, they can claim ITC on inputs held in stock, inputs in semi-finished and finished goods, and capital goods (reduced by a prescribed percentage), as of the day before the change.
The input tax credit under Section 18 must be claimed within 30 days from the date of becoming eligible, or within a further period extended by the Commissioner. Missing this deadline means losing the entitlement to claim the ITC.
If capital goods on which ITC was claimed under Section 18 are subsequently supplied, the registered person must pay tax on that supply. This tax is calculated as the ITC taken on the asset, reduced by a prescribed percentage, or the tax on the transaction value, whichever is higher.