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Cases where ITC shall not be availed

Section 17(5) of CGST Act, 2017

input tax credit shall not be available in respect of the following, namely:—

(a) Motor vehicles for transportation of persons with seating capacity not more than 13 persons (including the driver) , except when used for

✓ making further taxable supply of such motor vehicles;
✓making taxable supply of transportation of passengers;
✓making taxable supply of imparting training on driving such motor vehicles

b) Vessels and aircrafts except when used for

✓ making further taxable supply of such vessels or aircraft;
✓ making taxable supply of transportation of passengers;
✓ making taxable supply of imparting training on navigating such vessels;
✓ making taxable supply of imparting training on flying such aircrafts;
✓ Transportation of goods.

c) General insurance, servicing, repair and maintenance relating to:

✓Motor vehicles for transportation of persons with seating capacity not more than 13 persons (including the driver),
✓ Vessels
✓ Aircraft 
Except when ITC on such motor vehicles, vessels or aircraft is allowed.

d) Foods and beverages, Outdoor Catering, Beauty Treatment, Health Services, Cosmetic and Plastic Surgery, except
 
✓ When such goods and/or services are provided by an employer to its employees under a statutory obligation 
✓When an inward supply of these is used for making an outward taxable supply of the same category or as an element of a taxable composite or mixed supply.

e) Membership of a club, health and fitness centre except When such services are provided by an employer to its employees under a statutory obligation

f) Leasing, renting or hiring of motor vehicles, vessels or aircraft on which ITC is not allowed, 
life insurance and health insurance, except where

✓The Government has made it obligatory for an employer to provide any of these services to its employees; or
✓ Inward supply of these services is used for making an outward taxable supply of the same category or as an element of a taxable composite or mixed supply.

g) Travel benefits to employees on vacation such as LTC or home travel concession except When such services are provided by an employer to its employees under a statutory obligation

(h) Works contract services for construction of an immovable property except when

✓It is input service for further supply of works contract service
✓Immovable property is plant and machinery

i) Inward supplies received by a taxable person for construction of an immovable property (other than plant and machinery) on his own account even when such supplies are used in the course or furtherance of business


j) Inward supplies on which tax has been paid under the composition scheme

k) Inward supplies received by a non-resident taxable person except goods imported by him

l) Goods and / or services used for personal consumption

m)Goods that are lost, stolen, destroyed, written off or disposed of by way of gift or free
samples

n) Tax paid under sections 74, 129 and 130. (These sections prescribe the provisions relating to tax paid as a result of evasion of taxes, or upon detention of goods or conveyances in transit, or towards redemption of confiscated goods/conveyances.)


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