ITC on fixed assets

Yes you can avail the itc on machinery

Below are the high level rules for determination of Input Tax Credit (ITC) w.r.t. Capital Goods and reversal if any:

A. Credit of Input Tax will not be available on the following:

i. Capital Goods used exclusively for effecting exempt supplies

ii. Capital Goods used exclusively for non-business (personal) activity

B. Credit of Input Tax will be available in totality where Capital Goods have been used for effecting taxable supplies and business activity without any restrictions

C. Amount of input tax referred in above points A and B must be indicated in GSTR-2 and however only point B will be credited to electronic credit ledger.

D. Where Capital Goods is used commonly for exempt and taxable supplies and/or business and non-business activity the credit of input tax shall be calculated in the following manner:

1. Such amount shall be credited to Electronic Credit Ledger 
2. Useful life of such capital good shall be taken to be 5 years from the date of purchase
3. Now the total amount of input tax credited to Electronic Credit Ledger w.r.t. whole useful life such common capital good shall be distributed over the useful life

       4. The above amount shall be calculated for all such common capital goods for every tax period namely a month

       5. The amount of credit to be added to output tax liability attributable to exempt supplies out of input tax for common use of capital good shall be

Types of ITC for Capital Goods

Let us take each case one by one.

A. Capital Goods used only for Personal Use or for Exempted Sales

No ITC is available for personal purchases or for capital goods used in exempted sales. This will be indicated in FORM GSTR-2 and shall not be credited to the electronic credit ledger.

Example 1: Personal Purchases

Ms. Anita has purchased a fridge. Since this is not required for her business, i.e., a purely personal purchase, she will not be able to claim any ITC on the GST paid for the fridge.

Example 2: Capital Goods used for exempted sales

Mr. Avinash has purchased a small flour mill in his grocery shop to grind wheat grains to flour. Since he is producing unbranded flour it is exempted from GST. As it is an exempted sales, he cannot claim any ITC on the GST paid for the mill.

B. Capital Goods used for normal sales

XYZ has purchased machinery to manufacture shoes. Since, shoes are normal taxable supplies, the GST included paid while purchasing machinery will be completely available as ITC. This shall be indicated in FORM GSTR-2 and shall be credited to the electronic credit ledger.

C. Common credit for partly personal/ exempted and partly normal sales

1. The ITC paid for the capital goods will be credited to electronic credit ledger
2. Useful life of such capital asset will be taken as 5 years from the date of purchase
3. Now the total amount of input tax credited to electronic credit ledger for the whole useful life will be distributed over the useful life

The useful life will be taken as 5 years.

If you pay GST on a monthly basis then you will use the following formula

If your turnover is less than 1.5 crore, then you will pay GST on a quarterly basis. ITC will be calculated using the following formula

Calculations for common credit

C.1 For exempted supplies

The amount of ITC attributable to exempt supplies out of common capital credit –

Remaining amount after deducting credit for exempt supplies will be allowed as ITC.

All the above calculations must be done separately for:

• Central tax
• State Tax
• Union Territory Tax
• Integrated Tax

C.2 What happens if one starts using an asset for exempt goods also for taxable goods?

 If a capital asset was earlier used exclusively used for:

1. Personal purpose OR
2. Selling exempted goods

And now it will is used commonly for:

1. Business and personal purpose OR
2. Effecting taxable and exempt supplies

Input tax to be credited to electronic credit ledger = Input Tax – 5% of Input tax for every quarter or part thereof from date of invoice

Let us understand this via an example.

Mr. Avinash bought a capital asset for use in exempt supplies only. He paid Rs 1,00,000/- along with GST of Rs 18,000 as input tax on 01/10/2017. On 15/11/2018 he wishes to use the capital asset commonly for both taxable and exempt supplies.

Now the eligible common input tax credit will be calculated as follows

= Input Tax – 5% of Input tax for every quarter or part thereof

The no. of quarters from 01/10/2017 to 15/11/2018= 5

= 18,000 – (5% of 18000) * 5 quarters

= 18,000 – 4,500

= 13,500

Now, this is the common credit available to Mr. Avinash. He will credit Rs 13,500 to Electronic Credit ledger.

Now he will calculate the ITC attributable to exempted supplies as per the formula in C.1.

Common credit for 1 month= 13,500÷60=225

Assuming his total turnover is 160 lakhs and exempted sales is 40 lakhs-

=56.25

This amount 56.25 will be reversed in GSTR-2 under Table 11 ITC Reversal.

Reversal of credit under certain circumstances

In the following circumstances the proportionate ITC will be reversed i.e. added to output tax liability in GSTR-2:

1. Where a normal taxpayer opts to pay tax under composition scheme or goods/services supplied by him become exempt
2. In case of supply of capital goods or plant and machinery, on which input tax credit has been taken
3. Every registered person whose registration is cancelled

Input tax credit involved in the remaining useful life in months shall be computed on pro-rata basis, taking the useful life as five years.

Example:

Capital goods have been in use for 4 years, 6 month and 15 days.

Therefore, the useful remaining life in months= 5 months ignoring a part of the month

Input tax credit taken on such capital goods= C (say 10 lakhs)

Input tax credit attributable to remaining useful life= C *5÷60

=10,00,000*5÷60

=83,333

The above calculation must be done separately for integrated tax and central tax.

This amount must be reversed in (i.e. becomes part of output tax liability) and furnished in:

1. Where a normal taxpayer opts to pay tax under composition scheme or goods/services supplied by him become exempt- FORM GST ITC-03
2. Registration is cancelled- FORM GSTR-10

This must be accompanied by a certificate from a practicing chartered accountant or cost accountant.

In case of sale of capital goods, if the amount determined above is greater than the tax on transaction value of such sale, then the amount determined as above will be added to output tax liability. The details must be furnished in FORM GSTR-1.

Capital goods send on job work

ITC will be allowed to the principal manufacturer if a capital asset has been sent to a job worker for job work.

Condition

Such goods must be received back within a period of 3 years of being sent out.

Implications

If the goods are not sent back within 3 years, it shall be treated as a deemed supply from the date of sending the goods and tax would be payable along with interest for late payment of taxes.

For more information on ITC on job work please refer our article.

Please also read our article on ITC rules for common credit for inputs under GST.

From the above calculations, it is clear that ITC Rules for Common Credit under GST have been meant to be followed strictly to avoid interest and other recovery mechanisms.