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ITC CLAIM

Rajat Singhal (95 Points)

24 December 2018

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10 Replies

Harshavardhan (student) (138 Points)
Replied 24 December 2018

Yes he can claim itc

1 Like

Rajat Singhal (95 Points)
Replied 24 December 2018

Please explain how can he claim it ?

Aman Kumar (Accounts Executive) (744 Points)
Replied 24 December 2018

No.itc cannot claim,because unregister dealer not claim itc

Pankaj Rawat (GST Practitioner) (55030 Points)
Replied 24 December 2018

As per section 16 CGST clearly says that itc can be claim by only Registered Person .

pritesh (CA Final student) (7101 Points)
Replied 25 December 2018

no he cannot claim.

only registered dealer can claim as per section 16

1 Like

Rajat Singhal (95 Points)
Replied 25 December 2018

ACA Sarita Laddha (Practicing CA) (1225 Points)
Replied 25 December 2018

In my opinion, Claiming of ITC does not depend on to whom you sale or provide service.

If the goods or Services are taxable and GST is charged in Invoice, ITC can be claimed by registerd dealer on input or input servies taken to provide the taxable supply.

Unregistered person cannot claim ITC as the person is not registered under GST and there will be not output liability.

chandra sekar (Manager-Accounts) (387 Points)
Replied 25 December 2018

first of all, an unregistered cannot charge GST at all, and where is the question of ITC claim for a registered dealer. More over, any purchase from an URD , the RCM will apply , which is kept hold till sep 2019.

Rupesh Raut (ARTICAL ASSISTANT) (28 Points)
Replied 25 December 2018

From the Sellers point of view: Seller can claim ITC because Claiming of ITC does not depend on to whom you sale or provide service. From the buyers Point of View: As per Section 16(1) of CGST Act 2017, Every registered person shall, subject to such conditions and restrictions as may be prescribed and in the manner specified in section 49, be entitled to take credit of input tax charged on any supply of goods or services or both to him which are used or intended to be used in the course or furtherance of his business and the said amount shall be credited to the electronic credit ledger of such person.

Rupesh Raut (ARTICAL ASSISTANT) (28 Points)
Replied 25 December 2018

Originally posted by : Rupesh Raut

From the Sellers point of view: Seller can claim ITC because Claiming of ITC does not depend on to whom you sale or provide service.
From the buyers Point of View: As per Section 16(1) of CGST Act 2017, Every registered person shall, subject to such conditions and restrictions as may be prescribed and in the manner specified in section 49, be entitled to take credit of input tax charged on any supply of goods or services or both to him which are used or intended to be used in the course or furtherance of his business and the said amount shall be credited to the electronic credit ledger of such person.

from the Above Provision it is clear that Unregistered person can not cliam ITC on purchases by such unregistered person