Why ITC not available on promotional products distributed FOC for sales promotion?

Last updated: 20 May 2021

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The Karnataka AAAR ruled that while promotional products distributed free of charge to distributors are considered 'inputs' for business purposes, Input Tax Credit (ITC) cannot be claimed on them. This is because their distribution is either considered a non-taxable supply or falls under the category of goods disposed of by way of gifts, as per Section 17(2) and 17(5)(h) of the CGST Act.

Court :
AAAR, Karnataka

Brief :
The Hon'ble AAAR, Karnataka in Re: M/s Page Industries Limited [Order No. KAR/AAAR/05/2021, dated April 16, 2021] held that the promotional products/materials & marketing items which are distributed to their distributors/franchisee free of cost ('FOC') by the assessee in promoting their brand & marketing their products can be considered as ‘inputs' as defined in Section 2(59) of the Central Goods and Services Tax Act, 2017 ('CGST Act'). However, the GST paid on the same cannot be availed as Input Tax Credit ('ITC') in view of the provisions of Section 17(2) and Section 17(5)(h) of the CGST Act.

Citation :
Order No. KAR/AAAR/05/2021, dated April 16, 2021 Read more at: https://www.caclubindia.com/judiciary/judiciary_add.asp

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