Section 16 of GST – Eligibility and conditions for taking input tax credit

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Section 16 of GST Act 2017 – Eligibility and conditions for taking input tax credit. Complete Analysis of GST Section 16 – Eligibility and conditions for taking input tax credit. Explanation of Goods and Service Tax all Sections. This Act may be called the CGST Act, 2017. Section Wise Analysis of GST Act 2017, in this article you may find complete details regarding Section 16 of GST Act 2017 –Eligibility and conditions for taking input tax credit, gst all section and definitionsNow Check more details from below…..

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Section 16 of GST – Eligibility and conditions for taking input tax credit

(1) Every registered person shall, subject to such conditions and restrictions as may be prescribed and in the manner specified in section 49, be entitled to take credit of input tax charged on any supply of goods or services or both to him which are used or intended to be used in the course or furtherance of his business and the said amount shall be credited to the electronic credit ledger of such person.

(2) Notwithstanding anything contained in this section, no registered person shall be entitled to the credit of any input tax in respect of any supply of goods or services or both to him unless,–

  • (a) he is in possession of a tax invoice or debit note issued by a supplier registered under this Act, or such other tax paying documents as may be prescribed;
  • (b) he has received the goods or services or both.

Explanation.—For the purposes of this clause, it shall be deemed that the registered person has received the goods where the goods are delivered by the supplier to a recipient or any other person on the direction of such registered person, whether acting as an agent or otherwise, before or during movement of goods, either by way of transfer of documents of title to goods or otherwise;

  • (c) subject to the provisions of section 41, the tax charged in respect of such supply has been actually paid to the Government, either in cash or through utilisation of input tax credit admissible in respect of the said supply; and
  • (d) he has furnished the return under section 39:

Provided that where the goods against an invoice are received in lots or instalments, the registered person shall be entitled to take credit upon receipt of the last lot or instalment:

Provided further that where a recipient fails to pay to the supplier of goods or services or both, other than the supplies on which tax is payable on reverse charge basis, the amount towards the value of supply along with tax payable thereon within a period of one hundred and eighty days from the date of issue of invoice by the supplier, an amount equal to the input tax credit availed by the recipient shall be added to his output tax liability, along with interest thereon, in such manner as may be prescribed:

Provided also that the recipient shall be entitled to avail of the credit of input tax on payment made by him of the amount towards the value of supply of goods or services or both along with tax payable thereon.

(3) Where the registered person has claimed depreciation on the tax component of the cost of capital goods and plant and machinery under the provisions of the Income-tax Act, 1961, the input tax credit on the said tax component shall not be allowed.

(4) A registered person shall not be entitled to take input tax credit in respect of any invoice or debit note for supply of goods or services or both after the due date of furnishing of the return under section 39 for the month of September following the end of financial year to which such invoice or invoice relating to such debit note pertains or furnishing of the relevant annual return, whichever is earlier.

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13 COMMENTS

  1. If anyone purchase a material with GST input and not paying for more than 180 days then he cannot claim input tax. Moreover he will need to pay additional interest also to government for the 180 days of enjoying input tax.
    Is it correct?

    • Hello Sir,
      No actually this provision is made by Gov to CONTROL “BOGUS INVOICE” . Actually what is happens that the Recipient ,on the basis of INVOICE issued by supplier booked his own Input Tax Credit (ITC), even without payment of such tax amount.

      But if the Recipient paid the amount , lets suppose Value of Good supplied by Supplier to Recipient was Rs 100000 +GST tax Rs 40000 = Rs 140000 , he paid 40% of such tax amount i.e Rs 16000 on 190 days(after 180days +10 days) & balance amount Rs 24000 on 250 days ,he Can RE-AVAIL its ITC & book accordingly on proportionate basis.
      The Interest , if he did not or say hide such tax amount from the Gov, On NON PAYMENT of such tax amount , his output Liability will be increased by such equal amount (my ex say Rs 40000) &also event will be communicated to the GOV in Relevant GSTR-2 (upcoming GSTR -2 after 180 days ).
      Interest payable will be calculated from the date of booking of ITC by Recipient till the date of payment of his Output Liability.

      Hope Sir , u will understand .
      Thanks

  2. receiving the goods means just receiving the material(MIGO) in SAP or after acceptance of the material AND iNVOIVE vERIFICATION(MIRO) in SAP

  3. Hi, we are manufacturers of ready-made garments and supply to various stores. My query is will I get ITC on garments supplied. For example. My input tax is Rs. 25 which is paid against trims, washing, jobwork etc. And I charge 5% rate to stores being less then 1000/- which amts to Rs. 15/- being my selling price of Rs. 300/-, so will I get ITC of Rs. 10/-. Kindly advice on the same.

  4. a textile job asesse how can benefit for 30th June stock vat paid when he was not regsted dealer on that time… ex. 240000 stock as unregistered dealer itc 12000 n now register ist July….

  5. HI , we are into the catering business. we provide catering services to corporate & schools.and
    school is exempted from GST my query is that If my Total corporate sales is 5lac + my school sales is 5lac , & we used purchased material 60 & 40 %

    so how much we should claim input tax ??

    we charge gst rate is 18% on corporate sales

  6. I am paying rent of Rs.12000/- per month. what are the GST formalities for me. I am a registerd dealer. my land lord is not registered in gst.

  7. my materiel dispatch dat. 18.7.2017 bomaby to bihar but not received materal 20.9.2017
    what we are claim to input igst. for the month of july.
    kindly ans, my qt.

  8. Hi,
    We are a small manufacturer, we received goods for job work before gst implication and we had taken cenvat credit on such goods, now the material is ready to be dispatched, but the principal is advising to don’t charge GST on such goods. Pl. Suggest whether we have to charge gst or not.

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