Input Tax Credit and Registration
Weightage: Chapters 8 and 9 of ICAI's Paper 3 Section B, together roughly 14 of its 50 marks. Input Tax Credit is the mechanical heart of GST — the feature that converts a tax on every transaction into a tax only on value added.
Input Tax Credit — the idea
Why credit exists at all
Without a credit mechanism, GST charged at each stage of a supply chain would cascade — tax on tax, exactly the defect GST was introduced to eliminate. Input tax credit lets a registered person set off the GST paid on inputs, input services and capital goods used in the course or furtherance of business against the GST payable on outward supplies, so that only the value added at each stage bears a net tax burden.
The four conditions to claim credit — section 16(2)
A registered person is entitled to input tax credit only where all four conditions are satisfied:
- he is in possession of a tax invoice or debit note issued by a registered supplier, or other prescribed document;
- he has received the goods or services (with a "bill to ship to" deeming provision treating goods delivered to a third party on the recipient's instruction as received by the recipient);
- the tax charged has actually been paid to the government by the supplier, either in cash or through utilisation of admissible input tax credit (a condition candidates often forget exists at all — credit is not automatic merely because the recipient holds an invoice, if the supplier never actually remits the tax);
- he has furnished the return under section 39.
Payment within 180 days. Where the recipient fails to pay the supplier the value of the supply along with tax within 180 days from the date of the invoice, an amount equal to the credit availed must be added back to output tax liability, along with interest, and the credit may be re-availed once payment is subsequently made — this specific condition, distinct from the four above, exists to prevent a recipient claiming credit while sitting on payment to the supplier indefinitely.
Eligible and blocked credit — section 17(5)
Credit is available on inputs, input services and capital goods used in the course or furtherance of business, but section 17(5) expressly blocks credit on specified categories regardless of business use, and this list is one of the most heavily and precisely examined provisions in the paper:
- Motor vehicles for transportation of persons with a seating capacity of not more than 13 (including the driver), unless used for further supply of such vehicles, for transportation of passengers, or for imparting driving training; credit is allowed for vehicles used for transportation of goods, and for vehicles with seating capacity exceeding 13.
- Vessels and aircraft, subject to similar exceptions (further supply, passenger transportation, training, or transportation of goods).
- Food and beverages, outdoor catering, beauty treatment, health services, cosmetic and plastic surgery, unless used for making an outward taxable supply of the same category or as an element of a composite/mixed supply, or where the employer is statutorily obligated to provide such services to employees.
- Membership of a club, health and fitness centre.
- Rent-a-cab, life insurance and health insurance, except where the government notifies it as obligatory for an employer, or where used for making an outward taxable supply of the same category or as part of a composite/mixed supply.
- Travel benefits to employees on vacation such as leave or home travel concession.
- Works contract services for construction of an immovable property (other than plant and machinery), except where it is an input service for further supply of works contract service.
- Goods or services received for construction of an immovable property (other than plant and machinery) on own account, including when used in the course or furtherance of business.
- Tax paid under the composition scheme.
- Goods or services used for personal consumption.
- Goods lost, stolen, destroyed, written off, or disposed of by way of gift or free samples.
- Tax paid as a result of fraud, suppression, or wilful misstatement detected through specified proceedings.
Apportionment where goods/services are used partly for business and partly for other purposes, or partly for taxable and partly for exempt supplies
Where inputs or input services are used partly for business and partly for non-business purposes, credit is restricted to the portion attributable to business use. Where used partly for taxable (including zero-rated) supplies and partly for exempt supplies, credit is restricted to the portion attributable to taxable supplies, computed under a prescribed proportionate formula.
Capital goods
Credit on capital goods is available in full at the time of receipt (no longer spread over multiple years, unlike the pre-GST CENVAT regime), subject to the section 17(5) blocks and to reversal provisions on subsequent supply/disposal of the capital goods.
Input Service Distributor
An office of a supplier receiving invoices for input services on behalf of its distinct-person branches may distribute the credit to those branches through a mechanism called an Input Service Distributor (ISD), by issuing an ISD invoice, allocating credit in proportion to turnover of the recipient branches in a prescribed manner.
Registration
Threshold for registration — section 22
A supplier is liable to register where aggregate turnover in a financial year exceeds:
- ₹40 lakh, for a supplier of goods (general threshold; ₹20 lakh for specified special category states);
- ₹20 lakh, for a supplier of services (₹10 lakh for specified special category states).
Aggregate turnover is computed on an all-India, PAN basis, across all branches of the same person, and includes taxable, exempt, export and inter-state supplies (but excludes inward supplies on which tax is payable under reverse charge, and excludes GST itself).
Compulsory registration regardless of turnover — section 24
Certain categories must register irrespective of turnover, and this list is examined precisely because it overrides the threshold analysis entirely:
- persons making inter-state taxable supply;
- casual taxable persons making taxable supply;
- persons required to pay tax under reverse charge;
- e-commerce operators required to collect tax at source, and persons supplying through such an operator (subject to a specified exception for supply of specified services through an e-commerce operator, and a threshold-based exception for intra-state supply of goods through certain notified e-commerce operators);
- non-resident taxable persons making taxable supply;
- persons required to deduct tax at source;
- input service distributors;
- persons supplying online information and database access or retrieval services from outside India to an unregistered person in India.
Persons not liable to register
A person exclusively engaged in supplying goods or services (or both) that are wholly exempt, or a person exclusively engaged in supplying goods or services not liable to tax (that is, outside GST under Schedule III), is not liable to register, even if turnover would otherwise exceed the threshold.
Agriculturists, to the extent of supply of produce out of cultivation of land, are not liable to register.
Voluntary registration
A person not otherwise liable may register voluntarily, and once registered is bound by the same compliance obligations, including filing returns and paying tax, as a person compulsorily registered.
Composite registration principles
PAN-based, State-wise registration: a person must obtain a separate registration in each State or Union Territory from which taxable supply is made, though a person may obtain multiple registrations within a single State for separate places of business, subject to prescribed conditions.
Casual taxable person and non-resident taxable person
A casual taxable person occasionally undertakes transactions involving supply in a State/UT where he has no fixed place of business. A non-resident taxable person occasionally undertakes such transactions but has no fixed place of business or residence in India. Both must apply for registration at least 5 days prior to commencement of business, and registration is granted for a specified period (extendable), typically requiring advance deposit of estimated tax liability for the period of registration.
Deemed registration and time limits
Where a proper officer fails to take action within the prescribed period on a complete application, the registration is deemed granted.
Cancellation and revocation
Registration may be cancelled by the proper officer (or on the registered person's own application) for specified reasons, including contravention of provisions, non-filing of returns for a continuous specified period, or a composition taxpayer not filing returns for a specified period. Where cancelled by the proper officer, the affected person may apply for revocation within a prescribed period, on satisfying specified conditions including filing of pending returns.