Itc on medicines

This query is : Resolved

CA Praveen Chopra (Querist)
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12 August 2017 Whether Input Tax Credit is available on medicines purchased for staff in case of a manufacturing concern under GST regime or not ?

CA Suresh Jain

CA Suresh Jain (Expert)
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13 August 2017 In my opinion, ITC credit is available on medicine purchased for employees
N Jain
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Aashok Kumar Sharma online

Aashok Kumar Sharma online

(Expert)
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02 August 2024 Under the GST regime, Input Tax Credit (ITC) on medicines purchased for staff is generally not available. Here’s a detailed explanation:

### **Eligibility for ITC on Medicines**

1. **General Rule for ITC:**
- ITC can be claimed on goods and services used in the course or furtherance of business, as per **Section 16 of the CGST Act**.

2. **Blocked Credits:**
- According to **Section 17(5) of the CGST Act**, certain types of expenses are blocked from ITC. Specifically:
- **Section 17(5)(b)(i)** of the CGST Act states that ITC is not available on supplies of goods or services used for personal consumption.
- **Section 17(5)(b)(iii)** specifies that ITC is blocked on goods and services used for “outdoor catering,” “beauty treatment,” “health services,” “cosmetic and plastic surgery,” and similar services.
- Medicines, in this context, are generally considered part of “health services,” which are blocked from ITC.

3. **Medicines for Employees:**
- Medicines purchased for staff or employees are generally considered to be for personal consumption. As such, they do not qualify for ITC because they do not directly contribute to the manufacture or supply of goods/services for business purposes.

### **Relevant Sections and Notifications:**

- **Section 16 of the CGST Act:** Governs the eligibility for claiming ITC.
- **Section 17(5) of the CGST Act:** Specifies the categories of blocked ITC.

### **Key Points to Consider:**

- **Business Use vs. Personal Use:**
- ITC is generally available for goods and services used directly in the business operations. Personal expenses, including medicines for employees, are not considered business expenses under GST.

- **Documentation and Compliance:**
- Even if medicines are purchased for employees, it’s essential to adhere to the GST rules and maintain appropriate documentation to avoid any compliance issues.

### **Conclusion:**

Medicines purchased for staff in a manufacturing concern do not qualify for ITC under the GST regime because they are considered personal expenses rather than expenses related to the business’s operations. Always consult with a tax advisor or GST consultant for specific cases and to ensure compliance with current regulations.

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