Q 24. Where goods (including capital goods) belonging to the principal are lying with the agents on the appointed day, will the agent be able to take ITC on the same?
Ans. The agent can take such credit on fulfilment of the following conditions:-
- The agent is a registered taxable person in GST;
- Both the principal and the agents declare the details of stock lying with the agents on the date immediately preceding the appointed day;
- The invoices for such goods had been issued not earlier than 12 months immediately preceding the appointed day;
- The principal has either reversed or not availed of the ITC in respect of such goods.
This provision is applicable to SGST law only – section 162A and section 162 B
