Input Tax Credit Review Audit – GST

  • Category: Input Tax Credit
  • Date: 15-04-2020
  • Writers: CA Jatin Harjai , CA Madhukar N Hiregange, CA Vikram Katariya

The GST audit under Section 35 (5) of CGST Act 2017 has to be done by a registered taxpayer whose annual turnover is more than Rs.5 Crores in a financial year (earlier threshold limit was Rs.2 Crores for FY 2017-18). However, the industry and trade need to carry out input tax credit review before the last date of filing of September return of the subsequent financial year. It is understood that there could be a number of errors of understanding, system errors and transactional mistakes. The...

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Credit eligibility – cases where no payment liability exists

  • Category: Input Tax Credit
  • Date: 15-04-2020
  • Writers: Ayesha Anam, CA Shilpi Jain, CA Vikram Katariya

Under GST, any registered person would be eligible to claim ITC of taxes paid on goods or services procured, which are used or intended to be used in the course or furtherance of business and to the extent used for effecting taxable supplies, unless specifically restricted u/s 17(5) of the CGST Act, 2017 (hereinafter referred to as the ‘Act’).

Apart from the restrictions specified in section 17(5) of the Act, there could be situations where credit would become ineligible, like...

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Reversal of common ITC availed on inputs and input services

  • Category: Input Tax Credit
  • Date: 15-04-2020
  • Writers: Bharath Chandra, CA Shilpi Jain, CA Vikram Katariya

Credit Mechanism is the backbone of the indirect tax regime which allows the assessee to take credit of tax paid on purchase of goods and services availed, in the course of business, though with some conditions and restrictions. Credit under GST is available if used for business purpose and in proportion of its usage for making taxable supplies. Reversal of input tax credit (ITC) is required in respect of procurements that are commonly used for taxable and exempted & non-business supplies or...

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Common Errors – ITC (Documentation and Recording)

  • Category: Input Tax Credit
  • Date: 15-04-2020
  • Writers: CA Madhukar N Hiregange, CA Vikram Katariya

The primary focus of the industry at the time of introduction of GST was on implementation/modification of ERP module to suit GST requirements, appropriate classification of goods/services and providing training to staff. Initially, the area of focus was more on the aspect of migration, correct levy of taxes, reverse charge liability and ensure timely compliances with return uploading requirements.

However, after about 12 to 15 months of GST implementation, the focus had shifted to...

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GST on free supplies by customers

  • Category: Input Tax Credit
  • Date: 15-04-2020
  • Writers: CA Haritha Komma, CA Venkata Prasad

Introduction:

It is common practice prevailing in many industries that certain materials are provided by the customer to the manufacturer or contractor. This is done for various business or economic reasons. For example, moulds, jigs and dies etc., are provided by the Original Equipment Manufacturers (OEM) to a component manufacturer in the automobile industry. Similarly, the client would be supplying the diesel and explosives to the mining contractor. Likewise, the recipient would be...

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Residential colony expenses - Eligibility of ITC

  • Category: Input Tax Credit
  • Date: 15-04-2020
  • Writers: CA Shilpi Jain, Sneha Latha

With a time limit being set in the law for availing credit (u/s 16(4) of the CGST Act, 2017) it is important to reconcile the tax credits as per books and that as claimed in Form GSTR-3B. During this reconciliation it would be fruitful to also review those tax payments of which credit has not been availed and tag them into those:

  1. Actually ineligible (no further action required in this regard),
  2. Which are doubtful due to which not availed (profession advice can be sought to decide the...
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Credit eligibility on goods given under incentive schemes

  • Category: Input Tax Credit
  • Date: 15-04-2020
  • Writers: CA Shilpi Jain, Nagasena

Introduction:

One of the major expenditures incurred in some of the industries is business promotion. This being a typical and a critical expenditure for many industries (i.e. even a small trader in such industry would have to incur such expense), innovation is the stress whereby business promotion schemes could take form of free goods being given or reward points being given or free trips being offered, etc. In the recent ruling given by the Karnataka Authority for Advance Ruling (AAR)...

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ITC on Vehicles used for ‘Demo’ by Automobile Dealers

  • Category: Input Tax Credit
  • Date: 15-04-2020
  • Writers: CA Pratik Kankariya, CA Ravi Kumar Somani

As we all know that procurement of vehicles for demo is common practice in the automobile dealers industry, since the said vehicles are used for promotional purpose including test drive etc. in order to attract buyers, However, unlike purchase of other vehicles, the intention or objective behind the purchase of demo vehicles is not to sell the same but instead it is mainly to use it for the various business promotion / marketing purposes. Needless to say, that once the above purpose is...

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Impact of GST on Procurements

  • Category: Input Tax Credit
  • Date: 15-04-2020
  • Writers: CA Madhukar N Hiregange, CA Ravi Kumar Somani

GST is not just a tax reform but it is a business reform. It shall change the way in which business processes are performed and the way in which the business transactions are undertaken. Although, GST will bring with it, both positive and negative aspects. However, the organizations that will plan its business processes better in a manner to best suit the needs of the GST regime, then such organization will have competitive edge over others. Therefore, it is of due importance that business...

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Input Service Distributor : Plenty of Compliances

  • Category: Input Tax Credit
  • Date: 08-04-2020
  • Writers: CA Ashish Chaudhary, Mayank Saini

The concept of Input Service Distributor (hereinafter in this article referred as “ISD”) is not new in Goods and Service Tax law. It carries the legacy from the Service Tax law.

 

The Concept

The need for ISD arose for providing a chance to the businesses who have multiple units in different locations to receive common invoice for the services attributable to different units at centralised location, in doing so the input credit is accumulated at the centralised unit. The ISD...

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