Ad Free CAclubindia and Daily Updates on your Mobile. Subscribe Now!

GST input credit against partly business and partly personal purpose

29 November 2021

Dear Friends

A company hires the services of a packers and movers for packing, transportation and storage of luggage which consists office records furniture and some personal stuff of officers of the company. The Packer & Mover company gives a consolidated bill for Rs. 20000/-. I want to know:

1. Can the company take input credit of the full amount of GST charged in the bill or it should take only proportionate amount relating to official purpose say 50%.

2. If only a proportionate amount is allowed then can the same bill is valid to claim proportionate ITC or the bill should be split into two separate bills for personal and business use of service.

Shall appreciate to get a considered opinion of the members on this issue.

Thanks

PC Joshi

Reply
Follow
Share

3 Replies

CA Akshay Hiregange (Partner - Audit & Assistance) (4515 Points)
Replied 29 November 2021

We can also say that relocation expenses is part of the business of the company. The person is relocating to carry on the same entities business. Such expenses are also generally considered in the HR/Employee handbook of the entity.

Therefore, entire credit can be said to be eligible. Risk appetite of taxpayer and discretion advised.

If not as mentioned, can consider as common credit. See rule 42(1)(j) - 5% of entire common credit may need to be reversed. This leads to more problems than solutions.

Upgrade to CAclubindia Pro. Subscribe Now!

Prakash Joshi (66 Points)
Replied 29 November 2021

Thankk you so much for your reply. But the purpose here is for storage of the items for a temporary period of 6-10 months.office is very small to accomodate the records and personal stuff.Can still we clai ful ITC as relocation expenses.

CA Akshay Hiregange (Partner - Audit & Assistance) (4515 Points)
Replied 29 November 2021

The question here is about the items. Are they business items. Are they intended to be used for the purpose of business now or later? If yes, credit is eligible.