Wide definition of input, input services and capital goods Burden of proof on taxable person availing input tax credit Input Tax Credit is in nature of benefit/concession can be only as per provisions of statuteALD Automotive (P) Ltd CTO a b c d 170
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I-5 Acronyms in GST I-13 Section Index I-17 Changes in GST Law made by Finance Act, 2023 I-35 CHAPTER 1 GST - An overview 1 CHAPTER 2 IGST, CGST, SGST and UTGST 40 CHAPTER 3 Taxable event in GST 46 CHAPTER 4 Supply of goods or services or both 89 CHAPTER 5 104 CHAPTER 6 Value of taxable supply of goods or services or both 122 Contents
CHAPTER 7 Valuation Rules if value for GST not ascertainable 147 CHAPTER 8 VAT concept and its application in GST 163 CHAPTER 9 Input Tax Credit (ITC) 170 CHAPTER 10 Input Tax Credit - Other issues 202 CHAPTER 11 Input Tax Credit when exempted as well as taxable supplies made 212 CHAPTER 12 Input Service Distributor (ISD) 220 CHAPTER 13 Person and taxable person 226 CHAPTER 14 Place of supply of goods or services or both other than exports or imports 240 CHAPTER 15 Place of supply in case of export or import of goods or services or both 262 I-6
CHAPTER 16 Exports and Imports 302 CHAPTER 17 Special Economic Zones (SEZ) and EOU 345 CHAPTER 18 Time of supply of goods and services 353 CHAPTER 19 Reverse charge 364 CHAPTER 20 380 CHAPTER 21 Concessions to small enterprises in GST 391 CHAPTER 22 Construction and Works Contract Services 414 CHAPTER 23 Real Estate Services relating to residential and commercial apartments 438 CHAPTER 24 TDR/FSI/Upfront amount in long term lease in real estate transactions 471 I-7
CHAPTER 25 Distributive Trade Services 495 CHAPTER 26 Passenger Transport Services 518 CHAPTER 27 Goods Transport Services 532 CHAPTER 28 Financial and related services 552 CHAPTER 29 Leasing or rental services and licensing services 574 CHAPTER 30 Software and IPR Services 595 CHAPTER 31 Business and production services 606 CHAPTER 31A Job Work 632 CHAPTER 32 Telecommunication, broadcasting and information supply 661 I-8
CHAPTER 33 Community social, personal and other services 670 CHAPTER 34 Government related activities 723 CHAPTER 35 Basic procedures in GST 761 CHAPTER 36 Registration under GST 781 CHAPTER 37 Tax Invoice, Credit and Debit Notes 823 CHAPTER 38 E-way Bill for transport of goods 854 CHAPTER 39 Payment of taxes by cash and through input tax credit 899 CHAPTER 40 Returns under GST 923 CHAPTER 41 Assessment and Audit 973 I-9
CHAPTER 42 Demands and recovery 987 CHAPTER 43 Refund in GST 1027 CHAPTER 44 1097 CHAPTER 45 Offences and penalties 1112 CHAPTER 46 First Appeal and revision in GST 1125 CHAPTER 47 Appeal before Appellate Tribunal 1141 CHAPTER 48 Appeals before High Court and Supreme Court 1153 CHAPTER 49 Prosecution and compounding 1157 CHAPTER 50 Provisions relating to evidence 1166 I-10
CHAPTER 51 Electronic Commerce 1173 CHAPTER 52 Miscellaneous issues in GST 1186 CHAPTER 53 GST Compensation Cess 1220 CHAPTER 54 Transitory Provisions 1227 CHAPTER 55 Constitutional Background of GST 1233 SUBJECT INDEX 1247 I-11
Wide definition of input, input services and capital goods
Burden of proof on taxable person availing input tax credit
Input Tax Credit is in nature of benefit/concession can be only as per provisions of statute -
ALD Automotive (P) Ltd CTO
a b c d 170
Flow of Input Tax Credit
e Distinction between Input and Raw Material State of Jharkhand Linde India Ltd. Dy Commissioner, Sale Tax Thomas Stephen Co. Ltd. 171 Para 9.1
-IGST CGST
IGST
Input tax credit available only if supplier of goods and services has deposited the tax with Government c and
section 43A
Raj
CIT CIT Walchand & Co. J K Woollen Manufacturers CIT S A Builders CIT
Cycles CIT
Shiv
Gupta
Hero
Para 9.2 172
No mechanism to know whether supplier of goods or services has paid the tax
Input Tax Credit available if tax invoice contains minimum specified details, even if it does not contain all required details -
a b c d e
173 Para 9.2
Proviso
30th day of November
vide vide
ITC not available if tax invoice issued beyond November of next year
Vishnu Chemicals Ltd. In re
Debit note with GST can be issued in any subsequent financial year also
Financial year in which the debit note issued is relevant for ITC and not date of underlying invoice vide
Input Tax Credit on basis of debit note if with GST
Para 9.2 174
I-tech Plast India P Ltd., In re
for financial
time
Input Tax Credit ALD Automotive (P) Ltd CTO a aa a vide b 175 Para 9.3
Relaxation
year 2017-18 Statute can prescribe
limit for availing
ba the details of input tax credit in respect of the said supply communicated to such registered person under section 38 has not been restricted
ITC eligible only if supplier uploads details of his outward supply in his GSTR-1 and these appear in GSTR-2B of the recipient
No ITC if supplier does not upload his invoice in his GSTR-1 and/or does not appear in GSTR-2B of recipient input tax credit in respect of
Provision for financial years 2017-18 and 2018-19
c vide vide d Inputs or capital goods received in instalments proviso
Para 9.3 176
Provision as applicable during 9-10-2019 to 1-1-2022
furnished 5%
furnished
Input tax credit available only if supplier of goods and services has deposited the tax with Government
Delivery to transporter or any person on direction of recipient by supplier is sufficient to take input tax credit
Delivery of goods to transporter by suppliers delivery to the recipient prima facie
Explanation Explanation Explanation vide -
UOI 177 Para 9.3
Manwar Tent Factory
Supply of service to final customer by contractor is receipt of service by Principal (intermediary) – -
Explanation
Explanation vide
Final Input tax credit only after supplier makes payment of GST
Taking input tax credit in respect of inputs sent for job work
Para 9.3
178
i ii iii paid by him along with interest payable under section 50 proviso vide to supplier proviso vide 179 Para 9.3
