Gst-cenvat credit

This query is : Resolved

Report Abuse Follow Query Ask a Query

manisha

manisha (Querist)
Follow

28 October 2017 Dear Sir

Can we take cenvat credit of GST paid on water charges-(MIDC)

Pls reply

Sunil Kumar

Sunil Kumar (Expert)
Follow

29 October 2017 Have they issued a separate invoice for water or its a consolidated invoice with other charges?

manisha

manisha (Querist)
Follow

29 October 2017 Sir, they issue the invoice with other charges also, but they paid GST and filed their GSTR-1, Hence ITC is available in GSTR -2, Shall we claim the ITC in gstr-2 or not.

pls confirm

Upgrade to CAclubindia Pro. Subscribe Now!

Asha Kanta Sharma

Asha Kanta Sharma

(Expert)
Follow

26 July 2024 Yes, you can take input tax credit (ITC) of GST paid on water charges provided by MIDC (Maharashtra Industrial Development Corporation), assuming certain conditions are met. Here's a detailed explanation:

### Conditions for Availing ITC on Water Charges

1. **Business Use**: The water charges must be incurred for business purposes. If they are used for personal purposes or are specifically excluded from credit under GST rules, you cannot claim ITC.

2. **Receipt of Tax Invoice**: Ensure you have a valid tax invoice from MIDC that clearly shows the GST charged on water charges. The invoice should meet all GST invoice requirements.

3. **Payment of GST by Supplier**: MIDC should have paid the GST collected from you to the government and filed their GSTR-1 return. This ensures that the GST amount is properly accounted for in the GST system.

4. **Match and Claim in GSTR-2**: As of my last update, GSTR-2 has been discontinued under GST filing. Currently, taxpayers file their GST returns using the simplified GST return forms (like GST ANX-1 and GST RET-1). The process involves:

- **Automatic Credit**: The GSTN system will provide you with the eligible ITC based on invoices uploaded by your supplier (like MIDC) in their GSTR-1/GST ANX-1.

- **Reconciliation**: You need to reconcile the ITC available in your GST ANX-2 (or similar return form) with your purchase records.

### Steps to Claim ITC on Water Charges

1. **Validate Invoice**: Ensure that the invoice from MIDC includes separate details for water charges and any other charges, and it clearly mentions the GST amount paid.

2. **File Your Return**: In your GST return (like GST ANX-2), review the invoices uploaded by MIDC and ensure they reflect in your ITC ledger.

3. **Claim ITC**: If everything is in order, claim the ITC available in your return form. This ITC can be utilized to offset your GST liability on output supplies.

### Documentation Required

- **Tax Invoice**: Ensure you have a valid tax invoice issued by MIDC with correct details.
- **Payment Proof**: Proof of payment for the water charges.
- **Reconciliation Statement**: This helps reconcile the ITC claimed with invoices and payments.

### Important Considerations

- **Audit and Compliance**: Be prepared to substantiate your claim for ITC during GST audits.
- **Timely Filing**: Ensure you file your GST returns on time to claim ITC within the stipulated time frames.

### Conclusion

Yes, you can claim input tax credit (ITC) on GST paid on water charges provided by MIDC, as long as all conditions are met. Ensure that you have the necessary documentation and follow the GST return filing procedures to correctly claim and utilize the ITC available to you. If you have specific concerns or if there have been updates in GST filing procedures since my last update, it's advisable to consult with a GST professional or tax advisor for the most accurate guidance.