Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

Waste and Scrap

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... Waste and Scrap
Query (Issue) Started By: - Kaustubh Karandikar Dated:- 2-6-2019 Last Reply Date:- 24-5-2020 Goods and Services Tax - GST
Got 6 Replies
GST
XYZ is in the manufacture of Sweets and Namkeen. The waste generated while manufacturing these products are non - marketable and therefore is disposed of by dumping and destroying outside the factory without payment of GST. Are the .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... y required to proportionately reverse the ITC on common goods and services since no GST is paid on such waste? Reply By Alkesh Jani: The Reply: Sir, At the very outset, I wish to comment that in GST "marketability" is not the measure for payment of GST. However, when manufacturing process is undertaken, waste may be generated, which is disposed of falls within the definition of " .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... outward supply" given at Section 2(83) of CGST Act, 2017 and disposal of is also included in "Supply" under Section 7(1) of CGST Act, 2017. The disposal of goods (waste) is also covered under Section 17 (5) (h) of CGST Act, 2017. In view of above, the said waste when disposed of without payment of GST, ITC proportionate to waste disposed of is required to be reversed. Our experts .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... may like to offer their comments in the matter. Thanks, With Regards Reply By YAGAY andSUN: The Reply: In our view there is no supply involved in this matter since waste goods are being dumped as per the provisions of Environmental laws. Bill of Supply along with e-way bill shall be issued. Reply By Brijesh Verma: The Reply: It is a manufacturing process loss. It's totally different from .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... the word "lost" used u/s 17(5) which triggers reversal of ITC. No need to make any reversal. Reply By Hasmukh Patel: The Reply: Brijesh Verma is absolutely right. Waste generate during manufacturing process is not consider as out word supply of destroy of goods. No need to reversal of ITC. If final finished products are destroy are liable to revercel of ITC. Reply By Ganeshan Kalyan .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... i: The Reply: If this is a manufacturing scrap then TCS - Tax Collection at Source is applicable under Income Tax Act. on this transaction. Reply By YAGAY andSUN: The Reply: In GST Regime, there is no concept of manufacturing, However, documents related to manufacturing need to be preserved as prescribed in GST Law.
Discussion Forum - Knowledge Sharing .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates