INPUT CREDIT TELECOM BUSINESS

This query is : Resolved

S. RAVICHANDRAN (Querist)
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01 October 2025 Sirs
One of our client providing telecom services, recharging and selling the SIMS of Idea Vodafone Ltd. They received notice from GST Authorities restricting the ITC was ineligible u/s 17(5). The inputs was its furtherance of business only and the payments made through the bank channels only. Already replied alongwith supporting documents and bank statements while filed the reply against the DRC-01A. The officer concenred not considered the same. Please give any clarifications/notifications in this regard in favour of the assessee. Please clarify.

Dhirajlal Rambhia

Dhirajlal Rambhia (Expert)
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01 October 2025 When the inputs are exclusively for the furtherance of business and payments are made by bank channels, ITC should generally not be disallowed under Section 17(5) of the CGST Act, unless specifically falling under the blocked credit categories.

The CESTAT Delhi case J.K. Enterprises vs Principal Commissioner established that buying and selling SIM cards and recharge coupons is considered trading, not the provision of business auxiliary service. This means such activities are recognized as genuine business operations, not disallowed service activities for ITC purposes.

Dhirajlal Rambhia

Dhirajlal Rambhia (Expert)
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01 October 2025 The Supreme Court, in Bharti Cellular Ltd. v ACIT (2024), clarified that discounts on prepaid SIM cards and recharge vouchers issued to distributors do not create a principal-agent relationship, reinforcing that these are sales transactions. Therefore, distributors buying and selling SIMs/recharges at discounted prices are engaged in independent business, not functioning merely as agents.

A Supreme Court decision in February 2024 set aside previous High Court orders that sought to treat discounts on SIM card sales as taxable, providing relief to telecom operators including Vodafone Idea and Bharti Airtel. This judgment confirms that selling SIMs and recharges is a business activity and not specifically targeted for GST ITC denial.

Dhirajlal Rambhia

Dhirajlal Rambhia (Expert)
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01 October 2025 CBIC and GST Council FAQs confirm that input tax credit can be claimed for outward supplies such as selling SIM cards and recharge coupons, as per general business practice, unless falling under a blocked category.
For businesses selling SIMs and recharge coupons (such as Vodafone Idea distributors), recent Supreme Court and CESTAT judgments confirm these are legitimate business operations and are generally eligible for GST ITC, provided the conditions under Section 16 and not specifically blocked under Section 17(5). These legal developments strongly support ITC claims for distributors and recharge sellers in the telecom sector.

Dhirajlal Rambhia

Dhirajlal Rambhia (Expert)
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03 October 2025 Good Luck.....

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