No Reversal of ITC for loss of inputs during manufacturing process

Last updated: 17 July 2021

Court :
Madras High Court

Brief :
The Hon'ble Madras High Court in ARS Steel & Alloy International Pvt. Ltd. v. the State Tax Officer [W.P. Nos. 2885,2888,2890,3930,3936 and 3933 of 2020 and WMP. Nos. 3341,3345,3336,4664,4656 and 4661 of 2020 and W.P. No. 2885 of 2021, dated June 24, 2021] set aside the assessment orders passed by the Revenue Department rejecting a portion of the Input Tax Credit (“ITC”) on inherent manufacturing loss claimed by the assessee. Held that, reversal of ITC under Section 17(5)(h) of the Central Goods and Services Tax Act,2017 (“the CGST Act”) in case of loss of input which is inherent to manufacturing loss is misconceived, as such loss is not contemplated or covered by situations adumbrated under Section 17(5)(h) of the CGST Act.

Citation :
W.P. Nos. 2885,2888,2890,3930,3936 and 3933 of 2020 and WMP. Nos. 3341,3345,3336,4664,4656 and 4661 of 2020 and W.P. No. 2885 of 2021, dated June 24, 2021