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Rule 42 calculations, Goods and Services Tax - GST

Issue Id: - 117911
Dated: 14-4-2022
By:- SARTHAK MITTAL
Rule 42 calculations

  • Contents

I have a query in respect of annual calculations of Rule 42.

Will adjustments of prior fiscal be de-considered while computing annual calculations of Rule 42 of current fiscal.

For instance for annual calculations of FY 21-22, will re-credit of ITC (In Sep'21 return) for FY 20-21 due to annual recalculations of Rule 42 be removed for the purpose of NET ITC?

Particulars Option-1 Option-2
ITC availed during FY 21-22 100 100
Re-credit of ITC pertaining to FY 20-21 in Sep'21 return due to 42-43 annual calc. 10 10
Total credit availed during FY 21-22 110 110
Exempt turnover/Total turnover 10% 10%
ITC to be reversed 11 (10% of 110) 10 (10% of 100)

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Showing Replies 1 to 8 of 8 Records

1 Dated: 14-4-2022
By:- PAWAN KUMAR

Dear sir,

as per my view, the amount of ITC credited to ECL will be the net ITC for the year only.

in the above table, option 1 is correct.


2 Dated: 14-4-2022
By:- Ganeshan Kalyani

Rule 42 would have been applied for Fy 2020-21 credit so now no need to include the same again.


3 Dated: 14-4-2022
By:- SARTHAK MITTAL

But if we go by the wordings used in Rule 42, it says ITC for a 'Tax period' in monthly calculations.

So if we r calculating for a full fiscal, credit availed during fiscal should be considered. Moreover, re-credit of ITC of previous fiscal has been credited to ECL so shouldn't this also be considered for reversal


4 Dated: 14-4-2022
By:- Ganeshan Kalyani

R 42(1)(a) states as below-

(a) the total input tax involved on inputs and input services in a tax period, be denoted as ‘T’;

read "in a tax period" in above rule.

You would have considered credit of fy 20-21 for rule 42 after fy is closed with actual turnover before sept. And any credit of fy 20-21 availed in sep21 you would have considered correct ratio. So again offering the credit taken in sep 21 for rule 42 is not required.

If you have not done so then consider credit taken in a financial year irrespective of the year to which the credit pertains to.


5 Dated: 14-4-2022
By:- SARTHAK MITTAL

Agreed Ganesh Ji.

But this is not flowing from the wordings of the law. Therefore had raised the issue.


6 Dated: 15-4-2022
By:- PAWAN KUMAR

Dear sir,

In case of preparing filing GSTR-9/9C, the credit which reflected in ECL is the ITC for that year only, so based on this itc of previous year is to be considered the claim of which has been made in books as well as in GST during current year. please guide


7 Dated: 17-4-2022
By:- Shilpi Jain

There is no requirement in the law to correlate the credit with the month/year of usage. The reversal of credit in rule 42 is based on the date of availment.

This is also coming out from the circular on compensation cess refund where refund is allowed on the basis of the month in which it is availed.

Hence, keeping it simple, choose the 1st option.


8 Dated: 17-4-2022
By:- SARTHAK MITTAL

Exactly...


1

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