Rule 42 & 43 of GST

Rules 1360 views 9 replies
   
Rule 42: Reversal of ITC on inputs/input services:
Indicator Expalanation IGST CGST SGST Total
T Total input tax paid credit on inputs and input services 3,521,551 163,269 163,269 3,848,088
T1 Out of ‘T’ , the specific credit attributable to inputs/input services intended to be used for non-business purposes - - - -
T2 Out of ‘T’, the amount of input tax attributable to inputs/input services intended to be used exclusively for effecting exempt supplies - 90 90 180
T3 Out of ‘T’, the amount of input tax deemed as ‘blocked credits’ under section 17(5) - - - -
C1 ITC credited to electronic credit ledger (T-T1-T2-T3) 3,521,551 163,179 163,179 3,847,908
T4 Specific credit on inputs/input services attributable exclusively for making taxable supplies. This would also include zero-rated supplies like exports and supplies to SEZ. 3,521,551 136,214 136,214 3,793,979
C2 Common Credit (C1-T4) - 26,965 26,965 53,929
D1 The ITC attributable towards exempt supplies out of common credit {E/F}*C2 - 1,231 1,231 2,462
D2 Deemed to be ITC attributable for non-business purposes out of common credit {C2*5%) - - - -
C3 Remaining eligible ITC out of common credit {C2-D1-D2} - 25,734 25,734 51,468
T4+C3 Eligible ITC for the month of January 2020 3,521,551 161,948 161,948 3,845,447

My Queries are on Rule 42 of GST

1. Should i calculate the D1 & D2 ITC if have T1 & T2 ITC?

2. In my above calculation, T1 ITC transcation is not there that is why i didn't calucate D2. Is it correct?

   
Rule 43: Reversal of ITC on Capital Goods
Indicator Expalanation IGST CGST SGST Total
T Total input tax paid credit on Capital Goods 1,520,000
A Out of ‘T’ , the specific credit attributable to capital goodss used or intended to be used exclusively for non-business purposes or used or intended to be used exclusively for effecting exempt supplies or both 170,000
B Out of ‘T’, the amount of input tax attributable to capital goods used or intended to be used exclusively for effecting supplies other than exempted supplies but including zerorated supplies (Taxable supplies includes zero rated supplies) 900,000
Tc ITC credited to electronic credit ledger (T-A-B) (For 60 Months) 450,000
Tm Amount of ITC attributable to a tax period (a month) on common capital goods during their useful life (Tc/60) 7,500
Te The ITC attributable towards exempt supplies out of common credit {E/F}*Tm 1,875
Ts Remaining eligible ITC out of common credit {Tm-Te} 5,625
B+Ts Eligible ITC for the month of January 2020 905,625

And, Comes to Rule 43 of GST

1. In Total of A, should i include the ITC on capital which is blocked credit? For Eg: ITC on motor vehicle

2. Life of capital assest in gst shall consider for B to claim propriate ITC over the Life or sould be taken at time to the extent of output in a month?

3. Should i calculate 5% of common credit like as did in Rule 42?

Replies (9)
Under Rule 42
1. Yes
2. Not required if Don't have Non business transaction.

Rule 43

1. No no need to include as not being used in making further outward supply , , Yes can include in under "T" & "T3" rule 42

2 propionate ITC is to be claim when your output supply is not fully taxable .
Yes if any month you did not have Exempted supply can claim 7500/- ITC
Under rule 43
1. ITC on capital goods including in T and T3 under rule 42 is it correct, because 42 for input goods and input services and 43 for capital goods
2. no where prescribed proportional itc over 60 months to B
3. no where formula is given for proportional common itc used for non business use like 5%. is it correct to calculate if not specified in rules?
Vehicle will be not used as exactly as Capital goods as when it is not being used for further making supply , yes if it is being used for delivering goods , or it is being used in business of car rental then it can be cover under Rule 43.

To determine Te , can include Non Business supply + Exempted Supply .

But give me time & let me refer the rule will revert to soon with more clarity
Ok I will wait for reply

Dear M Sairam 

As I have already replied on query regard to Rule 42 .

Now come to your query regarding Rule 43.

1. As Rule 43 does not talk about credit attributable to capital goods blocked by Section 17(5) , as same is not eligible for under GST. Hence in my view need to seperatly reported in GSTR 3B under table 17(5) , hence no need to include in "A"

2. See rule 43 is invoke only in case when Capital Goods is not exclusively used in taxable supply , hence no need availed in proportionately.

3. Yes you are correct there is no formula being provided for Non Business (Personal) supply in case of Capital Goods being used for the same. For safer side need to reverse 5% 

 

.

So In Rule 43

1. I need not include in T

2. we cant take full ITC on capital goods which are used for taxable supplies at time instead of 60 installments

3. OK

2. Yes you can Take Full ITC on Capital Goods which are Used exclusively for Taxable Supply only
Thanks you so much for your clarifications
You are always welcome dear


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