Whether ITC to be reversed or not of the Goods destroyed due to lockdown ?



Quick Summary
Many businesses have faced goods being destroyed or expiring due to lockdowns, having already paid GST and claimed Input Tax Credit (ITC) on them. Under Section 17(5)(h) of the CGST Act, 2017, ITC is not available for goods that are lost, stolen, destroyed, written off, or disposed of. This means taxpayers are currently required to reverse the ITC on such goods, adding to financial strain. Businesses are hoping for temporary adjustments to GST law to alleviate this burden.

Goods of many taxpayers have destroyed or expired due to lockdown. They had paid Goods and Services Tax (GST) on it and taken the input tax credit. Many manufactures had given GST on the raw materials which are used to make the finished goods. Now the raw material has expired or gone bad.

Those goods will not come under sale due to destroyed.

The problem is now whether taxpayers will have to reverse the input of GST or not on the destroyed or expired goods?

Section 17 of CGST Act, 2017 deals with the circumstances where input tax credit not available to taxpayers.

GST on Destroyed Goods: Reverse ITC

Section 17(5)(h) of CGST Act, 2017

Tax credit shall not be available to a registered person on goods lost, stolen, destroyed, written off or disposed of by way of gift or free samples.

 

They now must reverse the input tax credit under the current law.

Businesses are already in financial straits. After that, the GST cost on these expired or destroyed goods can put the business more financially strapped.

Now taxpayers are looking at the government to seek a tweaking in the GST law temporarily due to the Covid-19 pandemic.

 

Disclaimer: This is meant purely for general educational purpose. While the information is believed to be accurate to the best of my knowledge, I do not make any representations or warranties, express or implied, as to the accuracy or completeness of this information. Reader should conduct and rely upon their own examination and analysis and are advised to seek their own professional advice. This note is not an offer, invitation, advice or solicitation of any kind. I accept no responsibility for any errors it may contain, whether caused by negligence or otherwise or for any loss, howsoever caused or sustained, by the person who relies upon it.

FAQ :

Yes, under the current law, specifically Section 17(5)(h) of the CGST Act, 2017, you must reverse the input tax credit on goods that are lost, stolen, destroyed, written off, or disposed of.

Section 17(5)(h) of the CGST Act, 2017, states that input tax credit shall not be available to a registered person on goods lost, stolen, destroyed, written off, or disposed of by way of gift or free samples.

Yes, the requirement to reverse ITC applies to both raw materials and finished goods that have been destroyed or expired, as GST was paid on them.

Reversing ITC on destroyed or expired goods can further strain businesses that are already facing financial difficulties due to the lockdown.

Taxpayers are looking to the government for temporary tweaks in the GST law due to the Covid-19 pandemic to address the issue of reversing ITC on destroyed goods.


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About the Author

Rahul Mittal is a Founder of R A M M Co LLP, Chartered Accountants. He is a graduate and a fellow member of the Institute of Chartered Accountants of India with 9+years of standing in the profession. He has completed the Diploma in Information System Audit (DISA) from ICAI. He has also completed the certification cour ... Read more

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