Page 7 - Chap7 ITC
P. 7

Answer : Computation of ITC available with XYZ Ltd. for the month of October, 20XY:-
        S.No.            Particulars         ITC (₹)                             Remark
          1.   Purchase of Machinery where  1,15,000 As per section 16(2)(a) of CGST Act, ITC is allowed on goods
               debit note is issued                    purchased on basis of debit note which is a valid document.
          2.   Input purchased was directly   80,000   As per explanation to section 16(2)(b), goods delivered to a third
               delivered to Mr. Joe, a job             person on direction of registered person are deemed to have been
               worker & a registered supplier          received by such registered person. So, ITC is available to
                                                       registered person even though he did not receive the goods.
          3.   Computers purchased              -      As per section 16(3) of CGST Act, if depreciation has been
               (Depreciation is claimed on             claimed on the tax component of cost of capital goods & plant
               GST portion under Income-               & machinery under Income-tax Act, 1961, then ITC is not
               Tax Act, 1961)                          allowed on the said tax component.

          4.   Purchase of iron which is       Nil     1st proviso to section 16(2) of CGST Act states that if goods
               used as a raw material                  against an invoice are received in instalments, ITC can be availed
                                                       only on the receipt of last instalment. Since last instalment is
                                                       received in November, ITC cannot be availed in October.

          5.   Purchase of accessories        90,000   As per explanation to section 16(2)(b), goods delivered to a third
               delivered directly to dealers of        person on direction of registered person are deemed to have been
               company                                 received by such registered person. So, ITC is available to
                                                       registered person even though he did not receive the goods.

          6.   Machinery purchased to be used 3,00,000 As per section 16(1) of CGST Act, ITC is available on goods
               in the manufacturing process           used or intended to be used in the course or furtherance of business.
          7.    Input services              1,75,000 As per section 16(4), ITC on an invoice cannot be availed after
                                                       the 30th  day of November following the end of financial year
                                                       to which such invoice pertains or the date of filing annual
                                                       return, whichever is earlier. Since, the annual return for the
                                                       FY 20XX-XY has been filed on 15thSep 20XY, ITC on the
                                                       invoice pertaining to FY 20XX-XY cannot be availed after 15th
                                                       September, 20XY


          04:  Sec 17(5): Blocked Credit

           Sec 17(5)(b): Food Beverage, catering, beauty treatment, health services, Cosmetic & plastic surgery etc.
                                      Membership of club/ Travel benefits to employees

                 Flamingo Ltd. is an airlines providing passenger transportation services by air. The company offers
         Q.6
        meals of premium quality to passengers on board the aircraft. The value of such meals is compulsorily
        included in the price of the air ticket. The company avails outdoor catering services of Dhaniaram Pvt. Ltd.
        for providing such meals to its customers. Examine whether Flamingo Ltd. can avail ITC on such outdoor
        catering service availed by it. [Study Mat]
        Answer:
        Ü As per Section 17(5)(b)(i) of the CGST Act, ITC on food, beverages, and outdoor catering is generally
            blocked.
        Ü  However, ITC is allowed if these services are used to provide an outward taxable supply of the same
            category or as part of a taxable composite/mixed supply.
        Ü Since Flamingo Ltd. provides meals as part of passenger transport services, it can claim ITC on outdoor
            catering, as it forms an ancillary element of its taxable supply.

          QRPs:- Sec 17(5)(b) ITC on catering blocked, except when used for outward supply (same category or
          composite/mixed supply).


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