Master in Accounts & high court Advocate
9615 Points
Posted on 15 May 2025
You can claim Input Tax Credit (ITC) on loan processing charges, despite Section 17(5) blocking ITC for goods or services related to immovable property or certain vehicles. Here's why.
*Loan Processing Charges are Separate*: Loan processing charges are considered a financial service, and GST is applicable on these charges. Since interest on loans is exempt from GST, but processing fees and other charges are subject to GST at 18%, ITC can be claimed on these charges. -
*Not Directly Related to Motor Car Purchase*: The restriction on ITC for motor cars with less than 13 seats doesn't directly apply to loan processing charges. These charges are more related to the financial service provided by the bank rather than the purchase of the vehicle itself. -
*Eligibility Depends on Business Purpose*: To claim ITC, the loan should be used for business purposes, and the company should be registered under GST. Since your Pvt. Ltd. company is using the loan for business, you should be eligible to claim ITC on loan processing charges.
*Conditions to Claim ITC*: - *Tax Invoice*: Ensure the bank provides a tax invoice for the loan processing charges. -
*Business Purpose*: Verify that the loan is used for business purposes. - *GST Return Filing*: File your GST returns under Section 39 of the CGST Act. ⁰