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input tax credit of capital goods

ITC / Input 332 views 3 replies
I bought a capital asset and claimed input credit of the same. after using 5 months i sold the capital asset. what is the treatment of input tax taken . please mention the section .
Replies (3)
see rule 43 u cannot claim entire ITC at first month of purchase. it should spread over 5years.on sale before that less 5%per quarter on asset and claim remaining ITC on that month.

You have to follow section 18 read with rule 40 under which you need to-

1. Reverse credit @ 5% for every quarter or part thereof or

2. Pay GST on transaction value of the sale of capital goods. 

GST Provisions-

Section 18(6)-

In case of supply of capital goods or plant and machinery, on which input tax credit has been taken, the registered person shall pay-

1. an amount equal to the input tax credit taken on the said capital goods or plant and machinery reduced by such percentage points as may be prescribed or

2. the tax on the transaction value of such capital goods or plant and machinery determined under section 15,

whichever is higher:

Rule 40(2)

The amount of credit in the case of supply of capital goods or plant and machinery, for the purposes of sub-section (6) of section 18, shall be calculated by reducing the input tax on the said goods at the rate of five percentage points for every quarter or part thereof from the date of the issue of the invoice for such goods

sir can you please explain in monetary terms.cost of capital Good is 50.tax rate5%


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