Input Credit
This query is : Resolved
13 January 2010
Can it be possible to utilise certain percentage of input credit available for the month say 70:30,or it needs to be looked itemwise for availing input credit
Thanx in advance
Thanx in advance
15 January 2010
Availment restriction exist when one is providing exempt and taxable services. Once the availment is in order the utilisation is not restricted as on date.
Message likes :
1 times
15 January 2010
Dear Sir,
request you to clarify
does this ratio of availing credit is fixed on certain parameter, Such as last years % or any other thing?
request you to clarify
does this ratio of availing credit is fixed on certain parameter, Such as last years % or any other thing?
01 August 2024
In the context of GST, input credit utilization cannot be arbitrarily divided using a fixed ratio like 70:30. The utilization of input credit must adhere to specific rules and conditions outlined in the GST laws. Here’s a detailed breakdown:
### **1. Utilization of Input Credit**
**a. **Input Credit on Business Expenses:**
- Input credit can be claimed for GST paid on goods and services that are used for business purposes and are not for personal use. The credit must be utilized against output tax liability as per the prescribed order.
**b. **No Fixed Ratios:**
- There is no provision for applying a fixed ratio such as 70:30 for input credit utilization. The credit must be used as per the applicable rules and the nature of the transactions.
### **2. GST Credit Utilization Rules**
**a. **Utilization Order:**
- According to GST rules, the input tax credit should be utilized in the following order:
1. **CGST Credit:** Utilized against CGST liability.
2. **SGST/UTGST Credit:** Utilized against SGST/UTGST liability.
3. **IGST Credit:** Utilized against IGST liability.
**b. **Cross-utilization:**
- IGST credit can be used to pay CGST, SGST, or UTGST liability, but CGST and SGST credits cannot be cross-utilized.
**c. **Item-wise Analysis:**
- Input credit should be claimed based on the specific expenses related to business activities. There is no provision for a blanket percentage allocation for input credits across different types of inputs.
### **3. Allocation of Input Credit**
**a. **Proportionate Credit:**
- If a business deals in both taxable and exempt supplies, input credit must be apportioned accordingly. The proportionate credit is calculated based on the ratio of taxable to exempt supplies.
**b. **Rule 42 and Rule 43 of CGST Rules:**
- **Rule 42:** Deals with the apportionment of input tax credit when inputs are used for both taxable and exempt supplies.
- **Rule 43:** Deals with the apportionment of input tax credit on capital goods.
**c. **Last Year's Percentage:**
- The ratio for apportionment of credit between taxable and exempt supplies is not based on last year’s percentage but rather on the current year's actual figures of taxable and exempt supplies.
### **4. Practical Application**
**a. **Accurate Records:**
- Maintain accurate records of input credit and ensure it is utilized in compliance with GST regulations. Claims must be supported by valid tax invoices and used for business purposes.
**b. **Consult GST Expert:**
- For complex scenarios or specific allocation requirements, it is advisable to consult a GST expert or tax consultant to ensure compliance with the latest regulations.
### **Conclusion**
- **Fixed Ratios:** There is no fixed ratio like 70:30 for utilizing input credit. Utilization must be done according to the applicable GST rules and the nature of the credit (CGST, SGST, IGST).
- **Item-wise Basis:** Input credit should be looked at based on the specific items and their use in business activities.
- **Compliance:** Ensure compliance with GST laws, and if necessary, seek expert advice for accurate credit utilization and apportionment.
Understanding and applying GST rules accurately will help in optimizing the utilization of input credit and maintaining compliance with tax regulations.
### **1. Utilization of Input Credit**
**a. **Input Credit on Business Expenses:**
- Input credit can be claimed for GST paid on goods and services that are used for business purposes and are not for personal use. The credit must be utilized against output tax liability as per the prescribed order.
**b. **No Fixed Ratios:**
- There is no provision for applying a fixed ratio such as 70:30 for input credit utilization. The credit must be used as per the applicable rules and the nature of the transactions.
### **2. GST Credit Utilization Rules**
**a. **Utilization Order:**
- According to GST rules, the input tax credit should be utilized in the following order:
1. **CGST Credit:** Utilized against CGST liability.
2. **SGST/UTGST Credit:** Utilized against SGST/UTGST liability.
3. **IGST Credit:** Utilized against IGST liability.
**b. **Cross-utilization:**
- IGST credit can be used to pay CGST, SGST, or UTGST liability, but CGST and SGST credits cannot be cross-utilized.
**c. **Item-wise Analysis:**
- Input credit should be claimed based on the specific expenses related to business activities. There is no provision for a blanket percentage allocation for input credits across different types of inputs.
### **3. Allocation of Input Credit**
**a. **Proportionate Credit:**
- If a business deals in both taxable and exempt supplies, input credit must be apportioned accordingly. The proportionate credit is calculated based on the ratio of taxable to exempt supplies.
**b. **Rule 42 and Rule 43 of CGST Rules:**
- **Rule 42:** Deals with the apportionment of input tax credit when inputs are used for both taxable and exempt supplies.
- **Rule 43:** Deals with the apportionment of input tax credit on capital goods.
**c. **Last Year's Percentage:**
- The ratio for apportionment of credit between taxable and exempt supplies is not based on last year’s percentage but rather on the current year's actual figures of taxable and exempt supplies.
### **4. Practical Application**
**a. **Accurate Records:**
- Maintain accurate records of input credit and ensure it is utilized in compliance with GST regulations. Claims must be supported by valid tax invoices and used for business purposes.
**b. **Consult GST Expert:**
- For complex scenarios or specific allocation requirements, it is advisable to consult a GST expert or tax consultant to ensure compliance with the latest regulations.
### **Conclusion**
- **Fixed Ratios:** There is no fixed ratio like 70:30 for utilizing input credit. Utilization must be done according to the applicable GST rules and the nature of the credit (CGST, SGST, IGST).
- **Item-wise Basis:** Input credit should be looked at based on the specific items and their use in business activities.
- **Compliance:** Ensure compliance with GST laws, and if necessary, seek expert advice for accurate credit utilization and apportionment.
Understanding and applying GST rules accurately will help in optimizing the utilization of input credit and maintaining compliance with tax regulations.
You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now
Click here to login now
Similar Resolved Queries
Unanswered Queries
- Where to show the RCM on Rent paid to unregistered landlord
- Is Aadhar PAN linking required for opening bank account?
- Applicability
- CPC Processing IT Return for AY 2023-24 without recognizing the Taxation Option under New Regime
- Offsetting interest income against derivative trading losses
- RCM - commercial rent paid to URP under GST
- TDS NUMBER SURRENDER
- Legal heir raised refund , but refund issued to the closed account of deceased.
- Gst Sales of FY 2023-24
- GSTR-3B - Do I file nil when there is no sale but I've bought raw materials
- Whether still royalty
- 20% OF DEMAND PAYMENT IN APPEAL
- Issue of gst e invoice
- Interchangeable words in accounts
- Adjusted profit/Loss in the case of LLP and Pvt. Ltd.company
- How to adjusted advances given or receipt
- Foreign vendor without PAN unable to to register due to non receipt of OTP on foreign number ?
- 133(6) DIN INVALID format error - ->WHERE TO REPLY 133(6) notice?
- Query for dubts
- Regarding Resignation by Auditor from Pvt. Ltd.
Trending Online Classes
-
Excel Mastery Program
CA Rishabh Pugalia
CAclubindia
