NITIN KOTAK
(SERVICE)
(1465 Points)
Replied 17 July 2017
ITC Rules for Capital Goods under GST
Updated on Jun 13, 2017 - 03:33:03 PM
One of the critical aspects of the Goods and Services Tax, or GST, is the availability of input tax credit on capital goods used for manufacturing activities. ITC Rules for Capital Goods under GST have been prescribed which is to be followed strictly.
Manufacturing contributes a major part to our country’s GDP and initiatives such as Make in India, Digital India are going to boost it further.
The GST Council has agreed upon rules related to transition, input credit, registration as well as other features of the tax. In this article, we shall give you our guide on ITC Rules for Capital Goods under GST.
ITC Rules for Capital Goods under GST
Below are the high level rules for determination of Input Tax Credit (ITC) w.r.t. Capital Goods and reversal if any:
A. Credit of Input Tax will not be available on the following:
i. Capital Goods used exclusively for effecting exempt supplies
ii. Capital Goods used exclusively for non-business (personal) activity
B. Credit of Input Tax will be available in totality where Capital Goods have been used for effecting taxable supplies and business activity without any restrictions
C. Amount of input tax referred in above points A and B must be indicated in Form GSTR-2 and however only point B will be credited to electronic credit ledger.
D. Where Capital Goods is used commonly for exempt and taxable supplies and/or business and non-business activity the credit of input tax shall be calculated in the following manner:
Such amount shall be credited to Electronic Credit Ledger
Useful life of such capital good shall be taken to be 5 years from the date of purchase
Now the total amount of input tax credited to Electronic Credit Ledger w.r.t. whole useful life such common capital good shall be distributed over the useful life
4. The above amount shall be calculated for all such common capital goods for every tax period namely a month
5. The amount of credit to be added to output tax liability attributable to exempt supplies out of input tax for common use of capital good shall be
6. Remaining amount after deducting credit attributable towards exempt supplies will be allowed as ITC
7. All the above calculations must be done separately for:
Central tax
State Tax
Union Territory Tax
Integrated Tax
E. Where a capital good which was earlier used or intended to be exclusively used for:
Non- business purpose
Effecting exempt supplies
Later to be used commonly for:
Business and non-business purpose
Effecting taxable and exempt supplies
Input tax to be credited to electronic credit ledger would be:
= Input Tax – 5% of Input tax for every quarter or part thereof
Let us understand the situation through an example
Mr. Avinash bought a Capital Good intended to be used for effecting exempt supplies only, for Rs 1,00,000/- paying Rs 18,000 as input tax on 01/04/2017 and now on 15/11/2018 he wishes to use the capital good commonly for taxable and exempt supplies.
Now the eligible common input tax credit will be calculated as follows
= Input Tax – 5% of Input tax for every quarter or part thereof
= 18,000 – 5% of 18000 * 3 quarters
= 18,000 – 2,700
= 15,300
Now Mr. Avinash will credit Rs 15,300 to Electronic Credit ledger and follow the steps shown in point D to calculate the input tax attributable to exempt supplies out of common credit
F. Where a capital good which was earlier used, or intended to be exclusively used for effecting taxable supplies and business purpose
Later to be used commonly for
Business and non-business purpose
Effecting taxable and exempt supplies
Input tax to be credited to electronic credit ledger would be:
= Input Tax – 5% of Input tax for every quarter or part thereof
Manner of reversal of credit under certain circumstances
Under the following circumstances attributable credit of input tax will be added to output tax liability:
Where a normal taxpayer opts to pay tax under compositio