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ITC AVAILED FROM CAPITAL ASSETS

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10 August 2022 RESPECTED SIR
HOW TO SET OFF AVAILED ITC FROM CAPITAL ASSETS USE IN BUSINESS ?
PLEASE ADVICE, THANKS.....

09 July 2024 Setting off Input Tax Credit (ITC) availed on capital assets used in business involves understanding the specific rules and guidelines under the Goods and Services Tax (GST) regime in India. Here’s how you can set off ITC on capital assets:

### 1. Eligibility of ITC on Capital Assets:

- **Capital Goods Definition:** Under GST, capital goods are defined as goods, the value of which is capitalized in the books of accounts of the person claiming the credit and which are used or intended to be used in the course or furtherance of business.

- **Eligibility for ITC:** You can claim ITC on capital goods if they are used for making taxable supplies. However, ITC cannot be claimed for capital goods used exclusively for non-business purposes or for making exempt supplies.

### 2. Timeframe for Availing ITC:

- **ITC Availment:** ITC on capital goods can generally be availed in the same manner as for other inputs. It should be claimed in the tax period during which the capital goods are received and recorded in the books of accounts.

- **Apportionment of Credit:** If capital goods are used partly for business and partly for non-business purposes (including exempt supplies), you can claim ITC proportionate to their business use.

### 3. Set Off ITC Against Output Tax Liability:

- **Utilization of ITC:** Once ITC on capital goods is availed, it can be utilized to offset your output tax liability. Output tax liability includes tax payable on supplies made by your business.

- **Utilization Order:** The utilization of ITC is governed by the GST law, which generally allows you to utilize ITC in the following order:
- IGST (Integrated GST) credit can be first used to set off IGST liability.
- CGST (Central GST) credit can be used to set off CGST and IGST liability.
- SGST (State GST) credit can be used to set off SGST and IGST liability.

### 4. Adjustments and Reversal:

- **Reversal of ITC:** If there is any change in the use of capital goods (e.g., switch from taxable to exempt supplies), you may need to reverse or adjust the ITC availed proportionately. This includes adjustments due to change in business use or switch between taxable and exempt supplies.

### 5. Documentation and Compliance:

- **Maintain Records:** Keep proper records of ITC availed on capital goods, including invoices, books of accounts entries, and any relevant documents.

- **Compliance with GST Returns:** Ensure that the utilization of ITC on capital goods is correctly reflected in your GST returns (GSTR-3B and GSTR-1).

### Conclusion:

Setting off ITC availed on capital assets in business involves correctly identifying eligible capital goods, timely availing ITC, and ensuring compliance with GST rules regarding utilization and adjustments. It's crucial to maintain accurate records and seek professional advice from a tax consultant or chartered accountant to navigate the complexities of GST ITC rules effectively.



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