TMI BlogRestriction in availment of input tax credit in terms of sub-rule (4) of rule 36 of Assam GST Rules, 2017X X X X Extracts X X X X X X X X Extracts X X X X ..... h Amendment) Rules, 2019. The said sub-rule provides restriction in availment of input tax credit (ITC) in respect of invoices or debit notes, the details of which have not been uploaded by the suppliers under sub-section (1) of section 37 of the Assam Goods and Services Tax Act, 2017 (hereinafter referred to as the Assam GST Act ). 2. To ensure uniformity in the implementation of the provisions of the law across the field formations, the Commissioner of State tax, Assam in exercise of its powers conferred under section 168 of the Assam GST Act hereby clarifies various issues in succeeding paragraphs. 3. The conditions and eligibility for the ITC that may be availed by the recipient shall continue to be governed as per ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h credit is availed after 09.10.2019. 2. Whether the said restriction is to be calculated supplier wise or on consolidated basis? The restriction imposed is not supplier wise. The credit available under sub-rule (4) of rule 36 is linked to total eligible credit from all suppliers against all supplies whose details have been uploaded by the suppliers. Further, the calculation would be based on only those invoices which are otherwise eligible for ITC. Accordingly, those invoices on which ITC is not available under any of the provision (say under sub-section (5) of section 17) would not be considered for calculating 20 per cent. of the eligible credit avai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt. of the eligible credit available in respect of invoices or debit notes the details of which have been uploaded by the suppliers under sub-section (1) of section 37. The eligible ITC that can be availed is explained by way of illustrations, in a tabulated form, below. In the illustrations, say a taxpayer R receives 100 invoices (for inward supply of goods or services) involving ITC of Rs. 10 lakhs, from various suppliers during the month of Oct, 2019 and has to claim ITC in his FORM GSTR-3B of October, to be filed by 20th Nov, 2019. Details of suppliers invoices for which recipient is eligible to take ITC ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ₹ 8,50,000/- + ₹ 1,50,000/-* = ₹ 10,00,000 * The additional amount of ITC availed shall be limited to ensure that the total ITC availed does not exceed the total eligible ITC. 5. When can balance ITC be claimed in case availment of ITC is restricted as per the provisions of rule 36(4)? The balance ITC may be claimed by the taxpayer in any of the succeeding months provided details of requisite invoices are uploaded by the suppliers. He can claim proportionate ITC as and when details of some invoices are uploaded by the suppliers provided that credit on invoices, the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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