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

Rule 42 calculations

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... 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? Particula .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... rs 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 .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... % of 100) - Reply By PAWAN KUMAR - The Reply = 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. - Reply By Ganeshan Kalyani - The Reply = Rule 42 would have been applied for Fy 2020-21 credit so now no need to include the same again. - Reply By SARTHAK MITTAL - The Reply = But if we go by .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... 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 - Reply By Ganeshan Kalyani - The Reply = R 42(1)(a) states as below- (a) t .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... he 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 .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... 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. - Reply By SARTHAK MITTAL - The Reply = Agreed Ganesh Ji. But this is not flowing from the wordings of the law. Therefore had raised the issue. - Reply By PAWAN KUMAR - The Reply = Dear sir, In case of preparing filing GSTR-9 / 9C , the credit whic .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... h 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 - Reply By Shilpi Jain - The Reply = 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 .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... . 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. - Reply By SARTHAK MITTAL - The Reply = Exactly... - Rule 42 calculations - Query Started By: - SARTHAK MITTAL Dated:- 14-4-2022 Goods and Services Tax - GST - Got 8 Replies - GST - Discussion .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... Forum - Knowledge Sharing, reply post by an expert, personal opinion Tax Management India - taxmanagementindia - taxmanagement - taxmanagementindia.com - TMI - TaxTMI - TMITax .....

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