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Capital Goods ITC claim, Goods and Services Tax - GST

Issue Id: - 113747
Dated: 18-5-2018
By:- narendra patel
Capital Goods ITC claim

  • Contents

Suppose a capital good (purely for business purpose) is purchased for 80,000. on 1.4.2018.

So CGST part will be 7200. We avail 1/5 part (1440) for current year and put reversal entry of 5760.

Now, in next year we claim next 1/5 part (1440).

My question:

1. Do we claim next year ITC on 1.4.2019 or 31.3.2020 (ie exactly 1 year after purchase or at the end of next FY) 2. Under which section of GST, do we claim ITC of next year.

3. Under which section of GST, do we enter reversal enter of current year.

Please advise.

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Posts / Replies

Showing Replies 1 to 12 of 12 Records

1 Dated: 18-5-2018
By:- KASTURI SETHI

Restriction of one year is for availment and not for utilization. Can be used at any time.

When you can take full credit in first year why do you want to follow such practice of reversal ? What is the purpose behind reversal ?


2 Dated: 18-5-2018
By:- DR.MARIAPPAN GOVINDARAJAN

Kasthuri Sir, you mentioned that credit should be availed within one year but may be utilized indefinitely. This is the new concept I heard. Any support please.


3 Dated: 18-5-2018
By:- narendra patel

Sir,

Till now I was taking full ITC for Capital Goods in a single year, but recently saw at many places on internet that we cant take full ITC credit in a single year.

We have to divide total ITC of Capital Goods by 5 ( as life of machinery is considered 5 years) and take 1/5 ITC credit each year. Hence I asked this question.

Please advise.


4 Dated: 18-5-2018
By:- KASTURI SETHI

Dear Querist,

You can take full ITC on capital goods in one year. Reversal (you are talking) is required on account of usage of tax paid inputs/capital goods in the business or furtherance of business in respect of exempted as well as taxable supply of goods or services.

Are you engaged in exempted as well as taxable supply ?


5 Dated: 18-5-2018
By:- KASTURI SETHI

Dr.Govindarajan Ji,

Sir, What I want to say is as under :-

During pre-GST era, Cenvat Credit on capital goods was allowed as 50% in first financial year and balance (50% ) in next financial year. In GST regime, ITC on capital goods can be taken in full in one year. (year of purchase). Earlier condition of taking credit in two installments has been dispensed with under GST.

Secondly, ITC taken within stipulated period, can be utilized in any year after taking credit. Bar of one year is on taking the credit within one year and not on using the credit.

Case laws can be easily traced out but pertaining to pre-GST era i.e.Central Excise.


6 Dated: 18-5-2018
By:- KASTURI SETHI

Dear Querist,

Also read Section18 (6) of CGST Act, 2017.


7 Dated: 18-5-2018
By:- Alkesh Jani

Sir, In addition to the views expressed by our experts, You are also requested to ensure the applicability of Rule 40, 42, 43 and 44 of CGST Rules, 2017,in your case.

Thanks,

With Regards,


8 Dated: 18-5-2018
By:- narendra patel

Sir,

So from your views it seems I can take FULL ITC in the same year in which I buy machinery (Capital Goods).

Thank you very much.

If my conclusion from above discussion is wrong, please advise.


9 Dated: 26-11-2018
By:- Shashank Mutha

Respected kasturi Sethi & Govindrajan ji

I think that if we charge depreciation on capital goods at the end of financial year than we can't avail ITC .

I refer Sec 17 (5) of CGST Act about BLOCK CREDIT

If I am wrong than kindly guide us

Thank you

(waiting for reply)


10 Dated: 26-11-2018
By:- Shashank Mutha

#DR.MARIAPPAN GOVINDARAJAN


11 Dated: 26-11-2018
By:- Shashank Mutha

#KASTURI SETHI


12 Dated: 11-12-2018
By:- Ganeshan Kalyani

In case of capital goods used for taxable goods then full credit can be taken in one year. And in case of capital goods used partially for business and partially for other purpose or partially for taxable goods and partially for exempted goods then Rule 43 of CGST Rules, will apply. In this case, the life of an asset is assumed to be 5 years. Hence, the common capital credit will be taken in five installment spread in five years.


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